Equal Opportunity, Non-Discrimination, and Anti-Harassment Policy

Bates College values the diversity of persons, perspectives, and convictions. Critical thinking, rigorous analysis, and open discussion of a full range of ideas lie at the heart of the college’s mission as an institution of higher learning. The college seeks to encourage inquiry and reasoned dialogue in a climate of mutual respect. The application of the Equal Opportunity, Non-Discrimination, and Anti-Harassment Policy strives to ensure that we uphold our institutional values and community principles in order to maintain a community free from the harmful consequences of sexual and gender-based harassment. Harassment and discrimination threaten our ability to thrive personally, academically, and professionally at Bates and violates a person’s rights, dignity, and integrity, as well as our community principles and the mission of the college. To ease navigation of the policy, use the buttons below, or click here to expand every section. A printed copy of this policy is available by contacting Gwen Lexow, Director of Title IX & Civil Rights Compliance/Title IX Coordinator.

I. Overview: Institutional Values and Community Principles

II. Scope of Policy

III. Notice of Non-Discrimination

III. Notice of Non-Discrimination

A. Policy on Accommodation of Disabilities

B. Role of Director of Title IX & Civil Rights Compliance/Title IX Coordinator

C. Role of the Title IX Team & Civil Rights Resolution Team

D. Contact Information

IV. Privacy and Confidentiality

IV. Privacy and Confidentiality

A. Privacy

B. Confidentiality

C. Reporting Responsibilities of Employees

D. Reporting Responsibilities Regarding Minors

E. Request for Confidentiality

F. Timely Warning

G. Release of Information

H. Student-Athletes and NCAA Information-Sharing Requirements

I. Recording of Resolution Proceedings

J. Maintenance of Records

V. Prohibited Conduct and Definitions

V. Prohibited Conduct and Definitions                                             

A. Harassment

a. Discriminatory Harassment

b. Sexual Harassment

  1. Quid Pro Quo
  2. Sexual Harassment
  3. Sexual Assault
  4. Dating Violence
  5. Domestic Violence
  6. Stalking

B. Other Civil Rights Violations

a. Discrimination

b. Sexual Exploitation

c. Physical Assault and Threats of Violence

d. Hazing

e. Bullying

f. Indecent Exposure

g. Hate Crime

h. Bias Incident

C. Retaliation

D. Prohibited Relationships by Persons in Authority

E. Other Campus Code Violations

VI. Consent and Related Definitions

VI. Consent and Related Definitions

A. Consent

B. Force

C. Coercion

D. Incapacitation

E. Alcohol or Other Drugs

VII. Resources

VII. Resources

A. Awareness and Prevention of Bias, Discrimination, and Harassment

B. Emergency Support and Response Services

C.  Medical Resources

D. Confidential Support

a. On Campus Confidential Support

b. Off Campus Confidential Support

E. Private Resources and Reporting Options

a. On Campus Reporting Options

b. Off Campus Reporting Options

F. Additional Off Campus Resources

VIII. Reporting

VIII. Reporting

A. Key Reporting Definitions

a. Report

b. Notice

c. Formal Complaint

B. Reporting to and Coordination with Law Enforcement

C. Campus Reporting Options

D. Anonymous Reporting

E. Reporting Considerations

a. Timeliness of Report

b. Location of Incident

F. Student Amnesty for Alcohol or Other Drug Use

G. False Allegations and Evidence

H. Counterclaims

I. Reports involving Minors or Suspected Child Abuse

J. Reluctance by Complainant to Pursue Resolution

K. Withdrawal of Complaint

IX. Supportive and Safety Measures

IX. Supportive and Safety Measures

A. Range of Supportive and Safety Measures

B. Emergency Removal and Administrative Leave

X. Initial Review and Resolution

X. Initial Review and Resolution

A. Overview of Resolution Options

B. Role of the Title IX Coordinator and Title IX Team in Resolution Process

C. Initial Review

a. Violence Risk Assessment

b. Title IX Dismissal

  1. Mandatory Dismissal Criteria
  2. Discretionary Dismissal Criteria

D. Administrative Resolution

E. Informal Resolution

a. Alternate Resolution Mechanism

b. Acceptance of Responsibility by Respondent

c. Negotiated Resolution

F. Formal Resolution

a. Investigation

b. Hearing

c. Appeal

XI. Procedures for Resolving Sexual Harassment Complaints (Process A)

XI. Procedures for Resolving Sexual Harassment Complaints (Process A)

A. Preliminary Concerns

a. Advisors

  1. The Role of the Advisor
  2. The Role of the Advisor in Process A Hearing
  3. Sharing Information with the Advisor

b. Scheduling of Meetings

c. Effect of Pending Complaint on Responding Party

d. Appointment and Training of Individuals Involved in Resolution Process

e. Agreements Not Recognized by the College

f. Time Frames

g. Communications

h. Standard of Proof

i. Effect of Non-Participation of Parties

j. The Role and Participation of Witnesses

k. Complaints with Multiple Respondents or Complainants

B. Initiating a Report

C. Initial Review

D. Informal Resolution

E. Formal Resolution Procedures

a. Notice of Investigation and Allegations

b. Investigation Procedures

  1. Investigator(s)
  2. Investigation Process
  3. Investigation Report

c. Hearing Procedures

  1. Hearing Officer(s)
  2. Evidentiary Considerations in the Hearing
  3. Scheduling Considerations and Notice of Hearing
  4. Alternative Participation Options
  5. Pre-Hearing Preparation
  6. Pre-Hearing Meetings
  7. Hearing Logistics
  8. Order of Hearing

d. Sanctions

e. Appeals

  1. Appellate Officer(s)
  2. Grounds for Appeal
  3. Review of Appeal and Notice of Appeal Outcome
  4. Sanctions Status During the Appeal
  5. Appeal Considerations

f. Long Term Remedies and Other Actions

g. Failure to Comply with Sanctions and/or Remedies

XII. Procedures for Resolving Non-Sexual Harassment Complaints (Process B)

XII.     Procedures for Resolving Non-Sexual Harassment Complaints (Process B)

A. Preliminary Concerns

a. Advisors

  1. The Role of the Advisor
  2. Sharing Information with the Advisor

b. Scheduling of Meetings

c. Effect of Pending Complaint on Responding Party

d. Appointment and Training of Individuals Involved in Resolution Process

e. Agreements Not Recognized by the College

f. Time Frames

g. Communications

h. Standard of Proof

i. Effect of Non-Participation of Parties

j. The Role and Participation of Witnesses

k. Complaints with Multiple Respondents or Complainants

B. Initial Review

C. Informal Resolution

D. Formal Administrative Resolution

a. Notice of Investigation and Allegations

b. Investigation Procedures

  1. Investigator(s)
  2. Investigation Process
  3. Investigation Report

c. Administrative Hearing Procedures

  1. Hearing Officer(s)
  2. Evidentiary Considerations in the Hearing
  3. Review of Investigation Report, Response, and Evidence
  4. Deliberation and Decision-making
  5. Notice of Outcome

d. Sanctions

e. Appeals

  1. Appellate Officer(s)
  2. Grounds for Appeal
  3. Review of Appeal and Notice of Appeal Outcome
  4. Sanctions Status During the Appeal
  5. Appeal Considerations

f. Long Term Remedies and Other Actions

g. Failure to Comply with Sanctions and/or Remedies