Retaliation is any adverse action against any individual or group of individuals involved in the filing of a report, investigation, and/or resolution of an allegation of discrimination or harassment. This includes because the person has engaged in protected activity, including reporting information, making a Complaint, testifying, assisting, or participating or refusing to participate in any manner in an investigation or resolution process under the Equal Opportunity, Non-Discrimination, and Anti-Harassment Policy, including an Informal Resolution process, or in any other appropriate steps taken by college to promptly and effectively end any discrimination or harassment in its education program or activity, prevent its recurrence, and remedy its effects.

Forms of retaliation include intimidation, threats, coercion or discrimination. Retaliation can be committed by the college, a student, employee, or a person authorized by the college to provide aid, benefit, or service under the college’s education program or activity, not just a Respondent. Retaliatory conduct interferes with the rights or privileges secured by law or policy.

Retaliation is prohibited regardless of whether it occurs on or off campus, in person, or through social media, email, or other forms of communication.

An individual reporting harassment or discrimination is entitled to protection from any form of retaliation following a report that is made in good faith, even if the underlying allegations are later not proven to be a violation of this policy.  Individuals acting in good faith to oppose or disrupt conduct that constitutes a violation of this policy are likewise protected from retaliation. Individuals accused of discrimination and harassment are warned that any form of retaliation taken against a person submitting a complaint or participating in an investigation of a complaint will be grounds for disciplinary action, up to and including dismissal from the college. 

Any form of retaliation should be reported to the Associate Vice President for Title IX & Civil Rights Compliance/Title IX Coordinator or one of the Deputy Title IX Coordinators immediately. Upon notification, the Title IX Coordinator will investigate this report and take all appropriate and available steps to protect individuals who may be subject to retaliation.

Any attempt to interfere with or circumvent any right or privilege afforded by this policy may be considered retaliatory.  Therefore, as directed by the federal regulations, the Title IX Coordinator vets all complaints carefully to ensure that complaints are routed to the appropriate grievance process and that all appropriate rights and privileges are maintained.

The exercise of rights protected under the First Amendment does not constitute retaliation. Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a resolution proceeding under this policy and procedures does not constitute retaliation, provided that the determination of responsibility, by itself, is not sufficient to conclude that any party has made a materially false statement in bad faith.

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Associate Vice President for Title IX and Civil Rights Compliance/Title IX Coordinator
Gwen Lexow
Lane Hall 202-A
207-786-6445
titleix@bates.edu

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