III. Jurisdiction

All Bates community members are responsible for their actions and behavior, and are required to follow college policies and local, state, and federal law. This policy applies to conduct occurring on property owned or controlled by Bates College^[2] or at college-sanctioned events or programs that take place off campus, including, but not limited to, study away, internship programs, community-engaged learning, and athletics events.

In situations in which both the Complainant and Respondent are members of the Bates College community, this policy may apply regardless of the location of the incident. Upon receiving a report, the Associate Vice President for Title IX & Civil Rights Compliance/Title IX Coordinator (hereafter “Title IX Coordinator”) will assess whether the conduct occurred in the context of the college’s educational program and whether it has continuing effects on the Bates community. 

In addition, off-campus or online conduct that is likely to have a substantial adverse effect on, or poses a threat of danger to, any member of the Bates College community or Bates College is covered under this policy.

The college may also extend jurisdiction to off-campus and/or to online conduct when the conduct affects a substantial college interest. A substantial college interest includes:

• any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state, or federal law.
• any situation in which it is determined that the Respondent poses an imminent and serious threat to the physical health or safety of any student, employee, or other individual;
• any situation that significantly impinges upon the rights, property, or achievements of others, significantly breaches the peace, and/or causes social disorder;
• or any situation that substantially interferes with the college’s educational interests or mission.

A Complainant is encouraged to report misconduct to the college regardless of where the incident occurred, or who committed it. The college has jurisdiction to take disciplinary action against a Respondent who is a current student or employee. Even if the college does not have jurisdiction over the Respondent, however, the college will take prompt action to provide for the safety and well-being of the Complainant and the broader campus community using all available resources. The Title IX Coordinator may be able to assist and/or advocate for a student or employee who experiences discrimination or harassment in an internship, study abroad program, or other external program where policies and procedures of the host organization may give recourse to the Complainant.  When criminal conduct is alleged, the Title IX Coordinator will assist the complainant in contacting local law enforcement if the individual would like to file a police report. 

All vendors serving college through third-party contracts are subject to the policies and procedures of their employers and to these policies and procedures to which their employer has agreed to be bound by their contracts.

When a party is participating in a dual enrollment program, the college will coordinate with the Party’s home institution to determine jurisdiction and coordinate providing supportive measures and responding to the Notice under the appropriate policy and procedures based on the allegations and identities of the Parties.

When the Respondent is enrolled in or employed by another institution, the Title IX Coordinator can assist the Complainant in contacting the appropriate individual at that institution, as it may be possible to pursue action under that institution’s policies.

This policy provides specific procedures for the resolution of all reports under which the college has jurisdiction.  In determining how the college will resolve a report, the Title IX Coordinator strongly considers the preference of the Complainant. Depending on the nature of the allegations, formal complaints will be resolved using either Process A or B outlined in this policy or the procedures outlined in the Employee or Faculty Handbook, as appropriate.  The Title IX Coordinator is vested with the authority to determine which process is used.