II.      Scope of Policy

Bates College denounces bias against, harassment of, and discrimination against any and all individuals or groups. All Bates community members, including students, employees, and volunteers, as well as independent contractors, and visitors, are responsible for understanding and complying with this policy.^[1]  The college will provide supportive measures as described in this policy to assist individuals in accessing the college’s educational program.

This policy provides community members with the structure and guidance to assist those who have been affected by discrimination, harassment, sexual misconduct, or other civil rights violations, whether as a Complainant, a Respondent, or a third party, and to provide fair and equitable procedures for investigation and resolution of reports.

When used in this policy and in alignment with the 2020 federal Title IX regulations, “Complainant” refers to an individual who is a target, victim, or survivor of any alleged conduct prohibited by this policy. “Respondent” refers to an individual who has been accused of prohibited conduct under this policy. “Third party” refers to any other participant in the process, including a witness to the incident or an individual who makes a report on behalf of someone else.

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.

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. 

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.

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^[1] For the purposes of the policy, Bates defines “student” as any student who is enrolled in academic coursework, has not fulfilled their degree requirements, and has a continuing relationship with the college.  “Employee” refers to all faculty and staff, including members of the administration and instructional staff.

^[2] This provision includes property owned or controlled by recognized student organizations.