Sexual Misconduct / Sexual Assault Policy Text

Sexual Misconduct Policy PDF

Purpose:

To establish a work and educational environment at Tufts University that is free from Sexual Misconduct, which includes sexual harassment, sex/gender discrimination, sexual assault, rape, and other gender-based misconduct, through uniform guidelines to promote and foster a safe climate as well as University compliance with federal and state law pertaining to Sexual Misconduct, including Title IX.

Revised:

September 2013

Applicability:

Sexual Misconduct (including sexual harassment and sex/gender discrimination) is prohibited by University policy, as well as state and federal law, including Title IX. Title IX rights and responsibilities apply to students, faculty, staff, visitors, and other community members.

Index:

I. Policy Statement

II. Defining and Recognizing Sexual Misconduct

A. Sexual Assault

i. Non-Consensual Sexual Contact/Activity

ii. Forced Sexual Contact/Activity

iii. Non-Consensual Sexual Intercourse/Penetration (Rape)

iv. Forced Sexual Intercourse/Penetration (Rape)

B. Sexual Exploitation

 i. Photographing or Video/Audio Taping Of Sexual Contact/Activity

ii. Voyeurism

iii. Inducing Intoxication/Incapacitation For The Purpose Of Sexual Activity

C. Sexual Harassment

D. Sex and /or Gender Discrimination

E. Stalking

i. What is Stalking?

ii. Who are Victims of Stalking?

iii. Examples of Gender-Based Stalking

F. Relationship Violence

i. What is Relationship Violence?

ii. Examples of Gender-Based Relationship Violence

III. Additional Definitions

A. Consent

i. What is Consent?

ii. Consent Can Never Be Given By

iii. Use of Alcohol or Drugs

B. Force

i. Physical Force, Violence, the Presence of a Weapon

ii. Threats or Harassment

iii. Intimidation, Abuse of Power or Authority, Implied Threats

iv. Coercion or Duress

C. Incapacity

IV. Reporting Sexual Misconduct

A. Immediate Reporting/Support Options (Tier One): Personal Safety, Physical and Emotional Well-Being

i. Personal Safety (Police)

ii. Physical Well-Being (Medical Services) – Confidential

iii. Emotional Well-Being (Counseling Services – Confidential

B. Other Reporting Options (Tier Two): University Support and Disciplinary Action

i. Dean’s Offices

ii. Office of Equal Opportunity (OEO)

iii. Sexual Misconduct/Title IX Reporting Liaisons

C. Community Resources

I. Policy Statement

Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex in educational programs as it effectively bars the victim’s access to educational opportunities or benefits. Discrimination under Title IX includes sexual harassment, sex/gender discrimination, sexual assault, rape, and other gender-based misconduct. Stalking and relationship violence can also constitute discrimination under Title IX when the conduct is gender-based. All of this conduct is generally referred to as “Sexual Misconduct.” Tufts University is committed to providing a campus environment free of Sexual Misconduct as reflected in this policy. Tufts University is especially committed to addressing sexual assault which is a crime of violence that is never acceptable and will not be tolerated. It is the responsibility of the Tufts’ Office of Equal Opportunity (OEO) to make inquiries into reports of Sexual Misconduct on behalf of the University and to conduct formal investigations under the Sexual Misconduct Adjudication Process (SMAP). The University takes all allegations of Sexual Misconduct seriously and is committed to providing information, resources, and clear direction to the members of the Tufts community so that together we can help prevent and address this conduct. The University will always respond to allegations of Sexual Misconduct, to the best of its ability, to stop prohibited conduct, prevent its recurrence and address any lingering effects on campus from the conduct. However, the University affirms the right of victim/survivors to decide whether they wish to be involved in any of the University’s processes to address Sexual Misconduct. Tufts University is also committed to assisting victims/survivors of Sexual Misconduct through various available support services. The University encourages those who wish to receive confidential support services regarding Sexual Misconduct to seek assistance from counseling or mental health services and/or to seek medical attention. Retaliation against anyone who reports an incident of Sexual Misconduct, brings forward a complaint or who in anyway participates in an inquiry or investigation of Sexual Misconduct is strictly prohibited. Any person responsible for, or involved in, retaliation will be subject to disciplinary action by the University.

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II. Defining and Recognizing Sexual Misconduct

Sexual Misconduct is a broad term used to encompass unwelcome behavior of a sexual nature that is prohibited by Title IX and Tufts University. The term Sexual Misconduct includes (but is not limited to) behaviors often described as sexual harassment, sex/gender discrimination, sexual assault, rape, stalking, and relationship violence. It is a violation of this Policy to commit these acts or to attempt to commit them, as well as a violation of applicable federal and state law (including Title IX). Sexual Misconduct can occur in any sex or gender configuration (i.e. between the opposite sex or the same-sex) regardless of sex and gender identity. Sexual Misconduct may vary in its severity and consists of a range of behaviors including, but not limited to, the following categories:

  • A. Sexual Assault
      1. Non-Consensual Sexual Contact/Activity
      2. Forced Sexual Contact/Activity
      3. Non-Consensual Sexual Intercourse/Penetration (Rape)
      4.  Forced Sexual Intercourse/Penetration (Rape)
  • B. Sexual Exploitation
  • C. Sexual Harassment
  • D. Sex and/or Gender Discrimination
  • E. Stalking
  • F. Relationship Violence

A. Sexual Assault

Sexual Assault is the act of committing unwanted physical contact of a sexual nature, whether by an acquaintance or by a stranger. Such contact is unwanted when it occurs without the consent (as defined below) of one or both individuals, when one of the individuals is incapacitated or incapable of giving consent (as defined below), or occurs with the use of force (as defined below). An “acquaintance” can include close friends, intimate partners, family members, classmates, or can be someone you just met. Victims/survivors and the accused can be of any sex/gender, sexual orientation and/or sexual identity. There are many degrees and forms of sexual assault including, but not limited to, the following:

1. Non-Consensual Sexual Contact/Activity is:

  • any intentional sexual touching;
  • however slight;
  • with any object;
  • by a person upon another person;
  • without consent or upon a person unable to consent (as defined below).

Examples of Non-Consensual Sexual Contact/Activity include (but are not limited to): touching of an unwilling or non-consensual person’s intimate parts (such as genitalia, groin, breast, buttocks, mouth, and/or clothing covering them); touching an unwilling person with one’s own intimate parts; making an unwilling person touch you or another; or any intentional bodily contact in a sexual manner, even if it does not involve breasts, buttocks, groin, genitals, mouth, or other orifice. Sexual contact/activity with a person who is incapacitated (by use of drugs, alcohol, or any other means) or otherwise unable to consent (i.e. asleep, mentally impaired, etc.) is always considered non-consensual. See the definitions of consent and incapacity below for more information.

2. Forced Sexual Contact/Activity is:

  • any sexual touching committed against the will of another or by force (as defined below);
  • however slight;
  • with any object;
  • by a person upon another person.

Examples of Forced Sexual Contact/Activity include (but are not limited to): using force (as defined below) to intentionally touch an unwilling person’s intimate parts (such as genitalia, groin, breast, buttocks, mouth, and/or clothing covering them); touch an unwilling person with one’s own intimate parts; or to make an unwilling person touch you or another; or any intentional bodily contact in a sexual manner, even if it does not involve breasts, buttocks, groin, genitals, mouth or other orifice.

3. Non-Consensual Sexual Intercourse/Penetration (Rape) is:

  • any sexual intercourse or penetration (anal, oral or vaginal);
  • however slight;
  • with any object;
  • by a person upon another person;
  • without consent or upon a person unable to consent (as defined below).

Examples of Non-Consensual Sexual Intercourse/Penetration (rape) include (but are not limited to): unwilling or non-consensual penetration (oral, anal or vaginal) with any object or body part, including (but not limited to) fingers, tongue, penis and any foreign object. This includes, but is not limited to penetration of a bodily opening or cavity without consent or subjecting an unwilling person to intercourse/penetration. Sexual intercourse/penetration with a person who is incapacitated (by use of drugs, alcohol or any other means) or otherwise unable to consent (i.e. asleep, mentally impaired, etc.) is always considered non-consensual. See the definitions of consent and incapacity below for more information.

4. Forced Sexual Intercourse/Penetration (Rape) is:

  • sexual intercourse or penetration (anal, oral or vaginal);
  • against the will of another or by the use of force (as defined below);
  • however slight;
  • with any object;
  • by a person upon another person.

Examples of Forced Sexual Intercourse/Penetration (rape) include (but are not limited to): intentional penetration (oral, anal, or vaginal) with any object or body part including (but not limited to) fingers, tongue, penis and any foreign object, that is carried out by the use of force (as defined below). This includes, but is not limited to, penetration of a bodily opening or cavity or subjecting an unwilling person to intercourse/penetration.

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B. Sexual Exploitation

Sexual Exploitation occurs when a person takes non-consensual, unjust, or abusive sexual advantage of another, for his/her own advantage or benefit, or for the benefit or advantage of anyone other than the one being exploited and that behavior does not otherwise constitute non-consensual sexual contact/activity, non-consensual sexual intercourse/penetration, or sexual harassment. There are many degrees and forms of Sexual Exploitation including, but not limited to, the following:

1. Photographing or Video/Audio Taping Of Sexual Contact/Activity

Photographing or taping someone (via audio, video or otherwise) involved in sexual activity, sexual intercourse/penetration, or in a state of undress, without their knowledge or consent (as defined below) constitutes prohibited Sexual Exploitation in violation of this policy. Even if a person consented to the sexual activity or intercourse/penetration, photographing or taping someone without their knowledge goes beyond the boundaries of that consent. The dissemination of photographs or video/audio of someone involved in sexual activity, intercourse/penetration, or in a state of undress, without their knowledge or consent, constitutes a separate and additional act of Sexual Exploitation. Examples:

  • Isaac and Carla, both students, have been dating for two weeks and have engaged in consensual sex. One Saturday night, Isaac convinces Carla to come to his room. Carla does not know that Isaac has concealed a video camera in his room. Isaac tapes their consensual sexual intercourse without Carla’s knowledge or permission. It is the videotaping, not the consensual sex, that violates this Policy.
  • At Miriam’s request, Jessica has been texting naked photographs of herself to Miriam. Without Jessica’s knowledge, Miriam has been posting these photographs on her blog and sharing them with her friends. Miriam’s sharing of those photographs without Jessica’s consent is Sexual Exploitation.
Behavior Result
Images or recordings were taken with consent but concerns have been raised about possible dissemination. There is no policy violation as there is no issue of consent. The student in possession of the material may be reminded that the dissemination of those materials without consent would be a policy violation.
Images or recordings were disseminated with consent but now there are concerns about possible further dissemination.
Images or recordings were taken without consent. There is a policy violation if a lack of consent is found through an investigation. Discipline will be issued for that conduct through Sexual Misconduct Adjudication Process. Respondent would also be reminded that dissemination of those materials without consent would be a further policy violation.
Images or recordings were disseminated without consent.

2. Voyeurism:

Voyeurism is the act of observing someone involved in sexual contact/activity, sexual intercourse/penetration or in a state of undress, without their knowledge or consent. Examples:

  • Omar and Gloria have been “hooking up” for two weeks, engaging in consensual sex. On Saturday night, Omar brings Gloria to his room to “hook up” again. Gloria does not know that Omar has concealed his friends, Liam and Foster, in the closet in his room. Liam and Foster watch through a crack in the door as Omar and Gloria engage in consensual sexual intercourse. All three males, who are students, have engaged in Sexual Exploitation.
  • Ali and Sam, both students, realize that an all-female Residence Hall backs onto a wooded area, and that the people who live in the rooms that face the back rarely draw their shades because of the private setting. Ali and Sam take up station in two trees in the woods and observe many students in various states of undress. Both students have engaged in Sexual Exploitation.

3. Inducing Intoxication/Incapacitation For The Purpose Of Sexual Activity:

Offering drugs, alcohol or other substances to a person, with or without their knowledge, with the intent to impair their ability to withhold consent or their ability to knowingly consent to sexual activity or intercourse/penetration is a violation of this policy. This type of conduct constitutes Sexual Exploitation regardless of whether sexual activity or intercourse/penetration actually takes place. Examples:

  • Andre meets Kim at a party. He offers her punch to drink but does not tell her it is spiked with grain alcohol. Kim is unable to detect the alcohol in the punch. Andre intends to get Kim intoxicated and engage in sexual intercourse with her later, in violation of this Policy.
  • Nadir and Julia are drinking at a party. Nadir is giving her Jell-O shots, and after a few, it is clear to Nadir that Julia does not understand how much alcohol she is consuming. Nadir continues to encourage Julia to take more shots, intending to engage in sexual contact with her later. Nadir inducing Julia to consume alcohol to impair her ability to withhold consent to sexual activity constitutes Sexual Exploitation.
  • Seth meets Ken at a bar. While he is not looking, Seth slips GHB, Rohypnol, Scopolamine, Burundanga, Ketamine, or another sedative or “date rape” drug* into Ken’s drink. When Ken begins to experience the effects of the drugs, Seth takes him home with the plan to engage in sexual activity with him. Seth’s use of drugs to take sexual advantage of Ken is Sexual Exploitation.

*Please note that the possession, use, and/or distribution of any of these substances is prohibited, and administering one of these drugs to another person is a violation of this Policy.

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C. Sexual Harassment

Sexual harassment is unwelcome conduct of a sexual nature that interferes with a person’s educational and work environment. Sexual Harassment is a form of discrimination that violates federal and state laws (including Title IX) and is prohibited by Tufts University. Tufts is committed to providing an educational and work environment that is free from sexual harassment. For more information on this this type of Sexual Misconduct, please see Tufts’ Sexual Harassment Policy.

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D. Sex and/or Gender Discrimination

Sex and/or gender discrimination is the unfair or unequal treatment of an individual (or group) based on sex or gender which violates federal and state law (including Title IX). Tufts University also prohibits discrimination based on sexual orientation, gender identity and/or gender expression. Tufts is committed to providing an educational and work environment that is free from sex and/or gender discrimination. For more information on this this type of Sexual Misconduct, please see Tufts’ Non-Discrimination Policy.

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E. Stalking

Stalking involves an intentional course of repeated conduct or behavior over a period of time, directed at a specific person, which causes a person to feel alarm, annoyance, emotional distress and/or fear. Stalking and cyber stalking are behaviors prohibited by Massachusetts law. Stalking can also constitute a violation of the Sexual Misconduct Policy when the conduct involves a Tufts student and is gender-based. For more information regarding stalking, please visit the websites for TUPD, OEO or Health Services.

1. What Is Stalking?

Stalking is defined as persistent, unwanted and repeated harassing behavior, such as:

  • Following a person
  • Appearing at a person’s home, class or work
  • Making frequent phone calls, e-mails, texts messages, etc.
  • Leaving written messages or objects
  • Vandalizing a person’s property

2. Who Are Victims Of Stalking?

Anyone can be stalked. A few victims are picked at random by their stalker, but most stalking victims know their stalker, usually having had some type of interaction or relationship. The perpetrator can be an intimate partner or former partner, classmate, roommate, or any other acquaintance. A victim can be stalked for several days or for many years. The stalker’s actions can also affect family, friends, and coworkers. Stalking can occur in person or through mail, electronic mail, text messaging, instant messaging, telephone, facsimile, social websites (Facebook, Twitter, My Space, Tumblr, etc.), or other internet communications. Claiming that stalking conduct is common or accepted within a particular social or religious context does not constitute an adequate defense against a complaint of stalking.

3. Examples of Gender-Based Stalking:

  • Every time Nina went to class, Victor, another student, would sit next to her. Victor kept trying to talk to Nina even though she told him she was not interested in him. Victor then started showing up everywhere that Nina went—outside her residence hall, in the Campus Center and in the library. Victor began threatening to “make” Nina go out with him. If Victor continues to pursue this conduct, his action may constitute stalking in violation of this Policy.
  • Carlos dated Eva, a graduate student, a couple of times but eventually stopped seeing her. Then Eva began sending Carlos multiple e-mails a day. Carlos changed his e-mail address but somehow Eva found out his new address and began sending even more e-mails. Carlos wishes Eva would stop, but he is not sure what to do. Eva is cyber-stalking Carlos in violation of this Policy.
  • Two weeks ago, Noelle found an anonymous “secret admirer” note that someone had left on one of her books in the library while she was studying. Last week, while studying in the campus center, Noelle got up to stretch. When she returned, Noelle found a cup of coffee with a note saying “I am always watching you.” This morning Noelle found flowers outside of her dorm room. Noelle and her friends do not know who is doing this, but it is starting to feel creepy and may be gender-based stalking in violation of this Policy.

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F. Relationship Violence

Relationship violence is intentionally violent or controlling behavior by a person who is currently or was previously in a relationship with the victim. Relationship violence includes actual or threatened physical injury, sexual assault, psychological abuse, economic control, and/or progressive social isolation. Relationship violence occurs in all type of relationships (i.e. heterosexual, same sex or any other type of relationship). Relationship violence may constitute a violation of the Sexual Misconduct Policy when it involves a Tufts student and the conduct is gender-based. For more information on relationship violence, please visit the websites for TUPD, OEO or Health Services.

1. What is Relationship Violence?

Relationship Violence can include, but is not limited to:

  • physical or emotional abuse
  • controlling/possessive behavior
  • making you feel like: you are walking on eggshells; you have to call your friends in secret; you must dress a certain way

2. Examples of Gender-Based Relationship Violence:

    • Gen’s boyfriend Travis yelled at her today for being late for lunch. Travis grabbed Gen’s arm and pulled her out of the dining hall. Gen was humiliated. Later Travis said he was so sorry for embarrassing Gen. Gen says things are okay now but she wonders when it will happen again.
    • Kelly and Jordan, both students, have been dating since the beginning of the school year. Jordan always criticizes Kelly’s weight in front of others, calling her “fatty.” If Kelly gets upset about it, Jordan gets angry with her for being oversensitive. Kelly has lost a lot of weight recently and has started checking with Jordan before eating. Kelly has stopped hanging out with her friends since Jordan does not like them. Jordan is becoming more and more possessive with Kelly and she has starting doing whatever Jordan asks just to “keep the peace.”
    • Tony and Aaron have been dating for a month. Tony, a student, has always been jealous, but now he becomes angry when he does not know where Aaron is. He tells Aaron that he will kill him if he ever cheats on him. Tony also told Aaron that he would kill himself if Aaron ever left him. The other day, Tony slapped Aaron when he was angry with him. Aaron is becoming more and more afraid of Tony, but he feels trapped and does not know what to do.

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III. Additional Definitions

A. Consent

1. What is Consent?

Consent is an informed, knowing, and voluntary decision to engage in mutually acceptable sexual activity. Consent is active, not passive. Signals of consent must be part of a mutual and ongoing process, offered freely and knowingly. Consent can be given by words or actions as long as those words or actions create mutually understandable permission regarding the conditions of sexual activity. It is the responsibility of the person who wants to engage in the sexual activity to make sure that he/she has consent from any other person(s) involved. It is important to remember:

  • Silence, by itself, cannot constitute consent.
  • Consent to one sexual act does not constitute or imply consent to a different sexual act.
  • Previous consent cannot imply consent to future sexual acts. Consent is required regardless of the parties’ relationship status or sexual history together.
  • A verbal “no,” even if it may sound indecisive or insincere, always indicates a lack of consent.

Consent cannot be obtained by use of force (as defined below), which includes coercion.

2. Consent Can Never Be Given By:

a. Someone who is incapacitated. A person can be incapacitated through the use of drugs, alcohol or any other intoxicating substance, or when they are unconscious or asleep. It is a violation of the Sexual Misconduct Policy (and Massachusetts law) to engage in sexual activity with someone you know or should know is incapacitated. See the definition of incapacity below for more information. b. Someone under the legal age of consent. The legal age of consent in Massachusetts is sixteen (16). It is a per se violation of the Sexual Misconduct Policy (and Massachusetts law) to engage in sexual activity with a person who is under the age of consent, regardless of whether the person was a willing participant in the conduct. c. Someone who is mentally disabled. Certain mental disabilities can cause a person to be unable to knowingly consent to sexual activity. It is a violation of the Sexual Misconduct Policy to engage in sexual activity with a person whose mental disability renders them incapable of giving consent and the disability is known or should have been known to the non-disabled sexual partner. Under these circumstances, the conduct is non-consensual regardless of whether the person appeared to be a willing participant.

3. Use of Alcohol or Drugs:

A person who has consumed alcohol and/or drugs still has a responsibility to obtain ongoing consent for any sexual activity with another person. The use of alcohol or other drugs by the person initiating sexual activity will never be accepted as an excuse for failing to obtain consent.

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B. Force

Force may never be used to make someone submit or to complete sexual activity. The use of force to cause someone to engage sexual activity is, by definition, non-consensual contact. The term “Force” includes the use of any of the following:

1. Physical Force, Violence, the Presence of a Weapon

Example: Jared and Maya return to his room after a party. They consensually begin kissing and touching each other. Jared wants to have sex, but Maya says she does not want to go that far. When Maya tries to get off the bed, Jared pushes her down and they have sex. Jared’s use of force renders the sexual intercourse non-consensual and is a violation of this Policy.

2. Threats or Harassment

Example: Ian and Sean are friends who meet at a party. Ian confides in Sean that he has recently “come out” to a few friends, but most people do not know. Ian worries how people will react if they knew. As the evening progresses, Sean and Ian start kissing. Sean wants to have sex, but Ian tells him he is not ready for that. Sean threatens to “out” Ian on Facebook if he does not have sex with him. Out of fear, Ian submits to Sean although he does not want to. Any sexual activity that then occurs is forced sexual contact or intercourse/penetration in violation of this Policy.

3. Intimidation, Abuse of Power or Authority, Implied Threats

Example: Josh is a popular senior and the captain of a sports team on campus. He has brought Sofia, who is a new female athlete at school, to a party. Sofia would not have been able to get into the party if it was not for Josh’s influence. Later in the evening, Sofia wants to leave, but Josh blocks her way with his body. He is significantly bigger than she is and she cannot get around him. Josh starts to kiss and touch Sofia, but she tells him to stop. Josh tells Sofia he can make sure she gets into all the big parties on campus this year which would help her relationship with her new teammates (implying he could turn the team against her). Sofia does not want to be with Josh but she is worried about the impact he could have on her social and sports life if she refuses. If Sofia submits to Josh out of his implied threats and abuse of his status, it may constitute forced sexual contact/activity in violation of this Policy.

4. Coercion or Duress

Example: Erin recently lost one of her parents and has been having a hard time this semester. Kyle, a friend of Erin’s, comes to her room to watch a movie with her. When Erin starts crying and becomes upset, Kyle hugs and comforts her. Eventually Erin and Kyle start kissing and touching one another. Erin wants to stop but Kyle tells her “you’ve made me so hot, how can you stop now?” When Erin tells Kyle she wants to be alone, Kyle asks what kind of a friend Erin is to leave him like this, especially when he came over to help her. Erin is confused and emotionally vulnerable. Kyle implies that she “owes him sex” after all he has done to support her. Kyle continues to pressure and cajole Erin until she eventually submits to his advances. Kyle’s conduct constitutes forced sexual contact/activity in violation of this Policy.

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C. Incapacity

Incapacity is a mental or physical state in which a person cannot make a rational, reasonable decision because they lack the ability to understand the consequences of their actions. Incapacity literally means the inability to fully understand what is happening. First responders will assess someone’s capacity or incapacity through the use of common questions such as “What is your name?”, “Do you know where you are?”, “Do you know what day it is?”, and “Do you know how you got here?”. This is called being oriented to person, place, time and event. Someone who cannot answer some or all of these questions accurately may lack the ability to make rational, reasonable judgments as a result of consuming alcohol, drugs or other intoxicating substances. A person may also be incapacitated because they are unconscious or asleep. In all of these situations, a person is incapacitated and therefore unable to consent to sexual activity. It is a violation of the Sexual Misconduct Policy (and Massachusetts law) to engage in sexual activity with a person who is incapacitated, regardless of whether the person appeared to be a willing participant. If there is any question regarding whether a person may be incapacitated, it is best not to engage in sexual activity with that person.

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IV. Reporting Sexual Misconduct

If you have experienced any of the behaviors that have been described in this Policy, the University encourages you to seek help and support by reporting the conduct. Reporting Sexual Misconduct can be difficult, and victims/survivors (or witnesses to such behavior) may experience a multitude of emotions when considering whether or not to report the conduct. However, the University encourages victims/survivors (or witnesses to such behavior) to prioritize their personal safety and physical/emotional well-being. It is important for victims/survivors to maintain their own health and safety. It is also important to report the conduct so that steps can be taken to prevent this from happening to anyone else. Multiple support resources and reporting options are provided by Tufts and are outlined below. Witnesses and victim/survivors should be assured that the focus in matters of Sexual Misconduct is always on the reported behavior, not on whether someone was using alcohol or drugs at the time. Individuals are encouraged to come forward and report such conduct regardless of the surrounding circumstances. In situations involving allegations of Sexual Misconduct, Tufts University will, to the extent allowed by applicable laws and University policy, seek to make the Sexual Misconduct allegation the primary focus of any investigation or disciplinary action, understanding that the University will exercise leniency regarding any secondary conduct violations. Once concerns of safety and personal well-being have been addressed, the University can offer additional support services to assist a victim/survivor (i.e. stay away requests, schedule changes, housing changes, academic support). The University also offers a disciplinary process through which such conduct can be addressed, known as the Sexual Misconduct Adjudication Process (SMAP). A victim/survivor should also know that they may have options to bring criminal or civil actions against the perpetrator of the Sexual Misconduct. The Tufts University’s Title IX Coordinator, Jill Zellmer (Jill.Zellmer@tufts.edu; 617.627.3298), can provide information regarding support resources and the available options for taking action.

A. Immediate Reporting/Support Options (Tier One): Personal Safety, Physical and Emotional Well-Being

1. Personal Safety (Police)

If you have concerns regarding your safety, you should contact the Tufts University Police Department (TUPD):

  • Medford/Somerville: 617.627.6911 or ext. 66991 (emergency); 617.627.3030 (non-emergency)
  • Boston: 617.636.6911 or ext. 66911 (emergency); 617.636.6610 (non-emergency)
  • Grafton: 508.839.5303 or ext.6691 (emergency); 508.887.4900 (non-emergency)

You can also contact TUPD by activating one of the blue light phones on campus. TUPD can help a victim/survivor with transportation to the hospital, safe housing on campus, connecting the victim/survivor to other resources, and obtaining a restraining order. Outside of business hours, TUPD can anonymously page a trained professional counselor-on-call who is available to provide immediate, confidential emotional support and assistance. Tufts University has police officers who have been specially trained to work with victims/survivors of Sexual Misconduct, and they can explain your rights and options. It is important to note that reporting Sexual Misconduct to TUPD or any other law enforcement does not require filing criminal charges. Should a victim/survivor wish to pursue criminal charges in a Sexual Misconduct case, TUPD can assist in the investigation of the case. Gathering of physical evidence can provide important evidence in support of criminal charges. Victim/survivors who may wish to pursue criminal action (or wish to keep that option available) should be aware of the importance of immediately reporting the incident so that physical evidence can be preserved at the scene, as well as on the person assaulted. However, victims/survivors should know that they can always report the incident days, weeks, months or even years after the misconduct occurred. Victims/survivors should understand that a delay in reporting could limit the amount of physical evidence available which could impact a criminal investigation.

2. Physical Well-Being (Medical Services) – Confidential

  •  Tufts Health Services (Medford Campus) 617.627.3350. Health Service clinicians are trained to provide initial care for Sexual Misconduct victims/survivors during regular hours of operation. They can also make referrals for evidence collection and can provide HIV and other sexually transmitted disease testing and prevention free of charge.
  • Boston & Grafton CampusesThese off-campus centers offer the services of a Sexual Assault Nurse Examiner (SANE), who has special training in medical examination, as well as the legal, forensic, and psychological needs of a victim/survivor of Sexual Misconduct.

3. Emotional Well-Being (Counseling Services) – Confidential

    • Tufts Counseling & Mental Health Service (Medford Campus) 617.627.3360. An emergency counselor-on-call is available, through TUPD, for immediate, confidential emotional support and assistance after hours. During normal business hours, the Counseling Center staff can provide counseling and support for students to help victims/survivors understand, cope with, and recover from the effects of trauma. All contact with the Counseling Center is confidential and can be done regardless of whether an individual is prepared to report the misconduct to police or the University.
    • Student Advisory and Health Administration Office (Boston & Grafton Campuses): 617.636.2700An emergency counselor-on-call is available, through TUPD, for immediate, confidential emotional support and assistance after hours. During normal business, this office provides short-term confidential counseling for personal problems, academic concerns, stress management, anxiety and family/interpersonal issues. Referrals can also be made for long-term counseling services.

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B. Other Reporting Options (Tier Two): University Support and Disciplinary Action

1. Deans’ Offices:

The Dean’s Office at each school can help arrange for safe housing, stay-away requests, schedule changes and provide academic support to students. They can also provide information about the Sexual Misconduct Adjudication Process (SMAP), should you wish to pursue disciplinary action. The Dean’s Office can also initiate disciplinary action independently under the SMAP should they determine that the Sexual Misconduct at issue poses a threat to campus safety. Sexual Misconduct reporting resources can be found on the following page.

 DEANS’ OFFICES

School of Arts & Sciences
School of Engineering
Veronica Carter
Office of Dean of Student Affairs 617.627.3158 deanofstudentaffairs@ase.tufts.edu

The Fletcher School
Nora Moser McMillan
Registration Manager, Student Academic Programs
617.627.240
Nora.Moser@tufts.edu 

Public Health & Professional Degree Programs
Robin Glover
Associate Dean
617.636.249
Robin.Glover@tufts.edu 

School of Medicine
Amy Kuhlik
Dean of Student Affairs
617.636.6534
Amy.Kuhlik@tufts.edu

School of Dental Medicine
Robert H. Kasberg Jr.
Associate Dean of Admissions & Student Affairs
617.636.6539 Robert.Kasberg@tufts.edu

Sackler School of Graduate Biomedical Sciences
Naomi Rosenberg
Dean of Sackler School 617.636.2143 Naomi.Rosenberg@tufts.edu

Friedman School of Nutrition Science & Policy
Patrick Webb
Academic Dean
617.636.3779
Patrick.Webb@tufts.edu

Human Nutrition Research Center on Aging
Roger Lee
Human Resources Representativ
617.556.337
Roger.Lee@tufts.edu

Cummings School of Veterinary Medicin
Rebecca Russo
Director of Admissions 508.839.7920 Rebecca.Russo@tufts.edu 

2. Office of Equal Opportunity (OEO)

oeo@tufts.edu 617.627.3298

The Office of Equal Opportunity (OEO) is another University-wide resource available to the Tufts community to report incidents of Sexual Misconduct and violations of Title IX. OEO can provide students, employees and faculty with information regarding available resources, the disciplinary options as well as information regarding possible civil or criminal action. OEO is responsible for making inquiries into Sexual Misconduct on behalf of the University. OEO initiates inquiries into all reports of Sexual Misconduct of which it becomes aware. OEO acts as an independent fact-finding body for Tufts. OEO has no authority to take disciplinary action, which is the purview of the administration. OEO does, however, share its findings with the appropriate administrators who will determine what action, if any, should be taken. OEO can also facilitate training and educational events to help address campus concerns about or resulting from Sexual Misconduct. OEO also acts as the Fact-Finding Investigator under the Sexual Misconduct Adjudication Process (SMAP). Questions or concerns regarding Sexual Misconduct can be directed to any of the staff members in OEO by calling 617.627.3298 or by e-mailing them directly:

Jill A. Zellmer, M.S.W.
Director and Title IX Coordinator
oeo@tufts.edu
Sonia Jurado, J.D.
Title IX Investigator
Sonia.Jurado@tufts.edu

3. Sexual Misconduct/Title IX Reporting Liaisons

Several individuals from various schools within the University have been identified and trained to act as Title IX Liaisons. The Title IX Liaisons are University employees who are available to receive reports of Sexual Misconduct. The Liaisons can provide information regarding support resources and the disciplinary options available within the University. Title IX Liaisons are not charged with making inquiries, but, rather, will direct the information they receive to OEO and the Title IX Coordinator. The Title IX Liaisons are (by campus):

TUFTS UNIVERSITY SEXUAL MISCONDUCT (TITLE IX) REPORTING LIAISONS

MEDFORD/SOMERVILLE CAMPUS

Margery W. Davies
Director of Diversity Education & Development School of Arts, Sciences & Engineering 617.627.3385
Margery.Davies@tufts.edu
Steph L. Gauchel
Director, Women’s Center School of Arts, Sciences & Engineering
617. 627.4640
Steph.Gauchel@tufts.edu
Laurie Hurley
Director of Admissions
The Fletcher School
617.627.2410
Laurie.Hurley@tufts.edu
Branwen C A Smith-King
Assistant Director Athletics
School of Arts, Sciences & Engineerin
617.627.3798
Branwen.Smith-King@tufts.edu
Inez McCarthy
Faculty Affairs Officer
School of Arts, Sciences& Engineering
617.627.3708
Inez.McCarthy@tufts.edu
Mindy Nierenberg
Senior Student Programs Manager
Tisch College
617.627.4159
Mindy.Nierenberg@tufts.edu

BOSTON CAMPUS

Robin Glover
Associate Dean
Public Health & Professional Degree Programs
617.636.2497
Robin.Glover@tufts.edu
Stacey Herman
Associate Dean of Student Affairs
Friedman School of Nutrition Science & Policy
617.636.3711
Stacey.Herman@tufts.edu
Janet Kerle
Associate Dean of Students
School of Medicine
617.636.6534
Janet.Kerle@tufts.edu
Kathryn Lange
Associate Dean
The Sackler School
617-636-6767
Kathryn.Lange@tufts.edu
Roger Lee
HR Business Partner
Human Nutrition Research Center on Aging
617.556.3375
Roger.Lee@tufts.edu
Katherine Vosker
Associate Dir. of Student Affairs
School of Dental Medicin
617.636.088
Katherine.Vosker@tufts.edu

GRAFTON CAMPUS

Barbara Berman
Assistant Dean of Student Affairs
The Cummings School
508.887.4725
Barbara.Berman@tufts.edu
Lucia Hackett
Human Resources Business Partner
The Cummings School
508.839.7975 x87975
Lucia.Hackett@tufts.edu
 

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C. Community Resources

Outside of Tufts University, there are many local organizations that provide support services, educational programs, and other resources for victims/survivors. While these groups are not affiliated with the University, they are included here as they can provide valuable support for members of our community.

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