Equal Opportunity, Non-Discrimination, and Anti-Harassment Policy (July 2024)
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, Associate Vice President for Title IX & Civil Rights Compliance/Title IX Coordinator.
Last update: August 2023
I. Overview: Institutional Values and Community Principles
II. Scope of Policy
III. Notice of Non-Discrimination
IV. Privacy and Confidentiality
V. Prohibited Conduct and Definitions
V. Prohibited Conduct and Definitions
- Quid Pro Quo
- Sexual Harassment
- Sexual Assault
- Dating Violence
- Domestic Violence
- Stalking
B. Other Civil Rights Violations
c. Physical Assault and Threats of Violence
VI. Consent and Related Definitions
VII. Resources
VIII. Reporting
a. Report
b. Notice
c. Formal Complaint
B. Reporting to and Coordination with Law Enforcement
a. Timeliness of Report
b. Location of Incident
F. Student Amnesty for Alcohol or Other Drug Use
G. False Allegations and Evidence
I. Reports involving Minors or Suspected Child Abuse
IX. Supportive and Safety Measures
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
a. Violence Risk Assessment
b. Title IX Dismissal
- Mandatory Dismissal Criteria
- Discretionary Dismissal Criteria
a. Alternative Resolution Mechanism
b. Acceptance of Responsibility by Respondent
c. Negotiated 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. Advisors
- The Role of the Advisor
- The Role of the Advisor in Process A Hearing
- 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
E. Formal Resolution Procedures
a. Notice of Investigation and Allegations
b. Investigation Procedures
- Investigator(s)
- Investigation Process
- Investigation Report
c. Hearing Procedures
- Hearing Officer(s)
- Evidentiary Considerations in the Hearing
- Scheduling Considerations and Notice of Hearing
- Alternative Participation Options
- Pre-Hearing Preparation
- Pre-Hearing Meetings
- Hearing Logistics
- Order of Hearing
d. Notice of Outcome
e. Sanctions and Corrective Actions
f. Appeals
- Appellate Officer(s)
- Grounds for Appeal
- Review of Appeal and Notice of Appeal Outcome
- Sanctions Status During the Appeal
- Appeal Considerations
g. Long Term Remedies and Other Actions
h. 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. Advisors
- The Role of the Advisor
- 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
D. Formal Administrative Resolution
a. Notice of Investigation and Allegations
b. Investigation Procedures
- Investigator(s)
- Investigation Process
- Investigation Report
c. Administrative Hearing Procedures
- Hearing Officer(s)
- Evidentiary Considerations in the Hearing
- Review of Investigation Report, Response, and Evidence
- Deliberation and Decision-making
- Notice of Outcome
d. Sanctions
e. Appeals
- Appellate Officer(s)
- Grounds for Appeal
- Review of Appeal and Notice of Appeal Outcome
- Sanctions Status During the Appeal
- Appeal Considerations
f. Long Term Remedies and Other Actions
g. Failure to Comply with Sanctions and/or Remedies