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Title IX

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Meet the Title IX Team

Important Definitions to Understand Regarding Title IX and Gender-based Discrimination

Reporting Title IX and Gender-based Discrimination Policy Violations

Campus and Community Resources

Title IX and Gender-Based Discrimination Policy


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Meet the Title IX Team

The College’s Title IX Coordinator is available to meet with or talk to students, faculty and staff regarding issues relating to the College’s Title IX and Gender-based Discrimination Policy (Policy).

Title IX Coordinator

Jeffrey Kirksey
Vice President for Student Development and Campus Services
Eastern Nazarene College
23 East Elm Avenue
Quincy, MA. 02170
Phone 617-745-3718
Fax 617-745-3980
Jeffrey.kirksey@enc.edu

The Title IX Coordinator is responsible for implementing this Policy and related procedures. The Title IX Coordinator is also responsible for monitoring compliance with Title IX and its implementing regulations, and other federal and state laws applicable to this Policy. This includes coordination of training, education, communications, and administration of the complaint and grievance procedures for the handling of suspected or alleged violations of this Policy.  The role of the Title IX Committee is to assist the Coordinator in reviewing current policies and procedures, and recommending updates or changes to the administration to better meet the institution’s context while maintaining federal compliance. The Committee also assists in the delivery of training, education, and communication of this policy and related procedures to the College community.

Title IX Committee Members

Jeff Kirksey, VP for SD&CS (Coordinator)
617-745-3718
jeffrey.kirksey@enc.edu

Robert Benjamin, AVP Multicultural Affairs (Deputy)
617-745-3595
robert.benjamin@enc.edu

Brandyy Fernandes, Student Financial Services (Deputy)
617-774-6814
brandyy.fernandes@enc.edu

Stephanie Flaherty, Social Work (Deputy)
617-745-3565
stephanie.flaherty@enc.edu

Toni Kabilian, Athletics (Deputy)
617-745-3646
toni.kabilian@enc.edu

Nadine Pfautz,
Human Resources (Deputy)
617-745-3723
nadine.pfautz@enc.edu

David Bergers, VP and General Counsel (ex officio)
617-745-3730
david.bergers@enc.edu

 


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Important Definitions to Understand Regarding Title IX and Gender-based Discrimination 

As a campus community that values equal access to our education program and a healthy living and working environment, we endeavor to be clear in articulating prohibited discriminatory and harassing behavior below. 

Quid Pro Quo Sexual Harassment
Quid Pro Quo Sexual Harassment is an employee of the College conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual contact. 

Hostile Environment Sexual Harassment
Hostile Environment Sexual Harassment is unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person access to the College’s education programs and activities. 

 Sexual Assault
Sexual Assault involves actual or attempted sexual contact with another person without that person’s consent. Sexual assault may involve individuals who are known to one another or have an intimate and/or sexual relationship, or may involve individuals not known to one another. Sexual Assault includes: 

 Sexual Penetration without Consent
The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, when consent is not present or coercion and/or force is used. 

  Sexual Contact without Consent
The touching of the private or intimate parts of another person for the purpose of sexual gratification, or disrobing another person when consent is not present or coercion and/or force is used. Sexual contact includes kissing, and includes contact done directly or indirectly through clothing, bodily fluids, or with an object. It also includes causing or inducing a person, when consent is not present, to similarly touch or fondle oneself or someone else. 

  Incest
Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by the laws of Massachusetts. 

  Statutory Rape
Sexual intercourse with a person who is under the legal age of consent (16 years in Massachusetts).  

Domestic Violence
Domestic Violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the state, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the state. 

 Dating Violence
Dating violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. It can include but is not limited to:

  • Sexual abuse or the threat of such abuse; 
  • Battering that causes bodily injury; 
  • Purposely or knowingly causing reasonable apprehension of bodily injury;  
  • Emotional abuse creating apprehension of bodily injury or property damage. 
  • Dating violence does not include acts covered under the definition of domestic violence, below. 

Stalking
Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others; or to suffer substantial emotional distress. For the purposes of this definition: 

“Course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property;

“Reasonable person” means a reasonable person under similar circumstances and with similar identities to the victim; and 

“Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Gender-based Discrimination  

Non-Title IX Sexual Harassment
Non-Title IX sexual harassment is unwelcome communication or conduct of a sexual nature, including unwelcome sexual advances, requests for sexual favors and other verbal, written or physical conduct of a sexual nature, without regard to whether the parties are of the same or different genders or gender identities. It includes:  

 Quid Pro Quo Sexual Harassment, Hostile Environment Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, or Stalking as defined above, that occurs outside of the College’s Education Programs or Activities or outside the United States; 

Unwelcome conduct that does not rise to the level of Hostile Environment Sexual Harassment, as defined in this Policy, but that:

  • is sufficiently serious (severe, pervasive, or persistent) and objectively offensive so as to deny or limit a person’s ability to participate in or benefit from the College’s programs, services, opportunities, or activities; or 
  • that has the purpose or effect of unreasonably interfering with an individual’s work or academic performance 

 Sexual Exploitation
Sexual exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for personal benefit, or to benefit anyone other than the person being exploited, and that behavior does not otherwise constitute one of the preceding offenses. 

Examples of behavior that could rise to the level of sexual exploitation include: 

  • Prostituting another person; 
  • Non-consensual visual (e.g., video, photograph) or audio-recording of sexual activity; 
  • Non-consensual distribution of photos, other images, or information of an individual’s sexual activity, intimate body parts, or nakedness, with the intent to or having the effect of embarrassing an individual who is the subject of such images or information; 
  • Engaging in non-consensual voyeurism; 
  • Knowingly transmitting an STI, such as HIV, to another without disclosing one’s STI status; 
  • Possessing, distributing, viewing or forcing others to view illegal pornography; 
  • Inducing incapacitation for sexual purposes includes using, or causing another person or person to use drugs, alcohol, or other means with the intent to affect the ability of an individual to consent or refuse to consent (as “consent” is defined in this Policy) to sexual contact, regardless of whether prohibited sexual contact actually occurs. 

The following definitions provide further clarity to the Title IX and Gender-based Discrimination Policy: 

Other Definitions 

Consent: Consent refers to words or actions that a reasonable person in the perspective of the Respondent would understand as agreement to engage in the sexual conduct at issue.  A person who is incapacitated is not capable of giving Consent. It is the responsibility of each person to ensure that Consent is given by all participants prior to the sexual activity and that such Consent remains throughout the sexual activity. 

 Incapacitation:  Incapacitation is a state where one cannot make a rational, reasonable decision to engage in sexual activity because they lack the ability to understand the fact, nature, or extent of the act (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction), and/or are physically helpless. 

 Coercion: Coercion is direct or implied threat of force, violence, danger, hardship, or retribution sufficient to persuade a reasonable person of ordinary susceptibility to perform an act which otherwise would not have been performed or acquiesce in an act to which one would otherwise not have submitted. Coercion can include unreasonable and sustained pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another.  A person’s words or conduct cannot amount to Coercion for purposes of this Policy unless they wrongfully impair the other’s freedom of will and ability to choose whether or not to engage in sexual activity. 

 Complainant:  the party who has alleged Gender-based Discrimination or Title IX Sexual Harassment or to whom Gender-based Discrimination or Title IX Sexual Harassment was directed. 

 Respondent:  the party who has been reported to be the perpetrator of conduct that could constitute Gender-based Discrimination or Title IX Sexual Harassment 

 “Education Programs and Activities” refers to all the operations of the College, including, but not limited to, in-person and online educational instruction, employment, research activities, extracurricular activities, athletics, residence life, dining services, performances, and community engagement and outreach programs.  The term applies to all activity that occurs on campus or on other property owned or occupied by the College.  It also includes off-campus locations, events, or circumstances over which the College exercises substantial control over the Respondent and the context in which the Title IX Sexual Harassment occurs, including Title IX Sexual Harassment occurring in any building owned or controlled by a student organization that is officially recognized by the College. 


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Reporting Title IX and Gender-based Discrimination Policy Violations 

Eastern Nazarene College strongly encourages individuals to report incidents of suspected gender-based harassment and discrimination promptly so that the College can put in place needed supports and respond appropriately. All reports will be handled in a sensitive manner and all involved parties will be treated with respect and dignity. Although a report may be made at any time, the College strongly recommends reporting suspected offenses as soon as possible. Resolution options narrow over time, especially if the College no longer has disciplinary jurisdiction over the person accused, thus prompt reporting is encouraged. 

Reporting

Formal Report Options

The formal reporting options for allegations related to Title IX and Gender-based Discrimination: a criminal complaint filed with law enforcement in the jurisdiction in which the alleged sexual misconduct occurred, and/ or an institutional complaint, filed with the Title IX Coordinator. The Title IX Coordinator can be reached at: 617-745-3717 or jeffrey.kirksey@enc.edu 

Alternatives to Formal Reporting

ENC strongly encourages complainants to discuss what happened so they can access the available supports and services they deem helpful. Following an incident of Title IX harassment or Gender-based Discrimination, complainants are faced with many decisions. A complainant may choose to disclose an incident in an effort to address needs related to personal safety, physical and mental wellness, or academic or employment status, rather than for the purpose of offender accountability. Complainants may disclose their experience to specifically designated College employees without officially reporting the incident or putting the College on notice and thus triggering a response by the institution. The two groups of specifically designated employees are as follows: 

Confidential Employees:

“I want to think this through with someone who won’t report this to the College.” 

Confidential Employees are prohibited from sharing information obtained in the context of a professional helping relationship without the expressed permission of the person receiving services, unless a specific exception applies in accordance with local, state and federal laws. Confidential Employees are: (1) professionally licensed counselors whose primary role is to provide clinical services to ENC community members through the Brickely Counseling Center, (2) specifically designated College Chaplains whose primary role is to provide Pastoral Counseling and are licensed to do so, and (3) licensed medical staff whose primary role is to provide medical and health and wellness services to ENC community members through the Brickley Health and Wellness Center. 

Private Employees: 

“I want to talk to someone who won’t tell the College that it happened to me.” 

At ENC, specifically designated Private Employees will not report information that identifies the complainant, however, they are required to report non-identifying aggregate data to the Title IX Coordinator. Aggregate data includes general information about the incident(s) Title IX Harassment or Gender-based Discrimination such as the nature, date, time, and general location of the incident(s). The purpose of this report is to identify patterns or systemic problems related to gender-based harassment or discrimination at ENC. 

NOTE: When required by law or by court order, or when required to avert a serious threat of danger to a person or property, any of the above employees may reveal otherwise confidential information, including the identities of reporter and victims of alleged sexual misconduct. 

Massachusetts state law specifically requires certain individuals to report incidents to law enforcement or to the appropriate state official when the victim of alleged abuse or neglect is under the age of 18, disabled, or over the age of 60. 

Confidential Employees 

Brad Thorne (Brickley Center Counselor) 617-745-3894
Jan Lanham (Brickley Center Counselor) 617-745-3894
Jannett Liburd (Brickley Center Counselor) 617-745-3894
Patsy Malas (Brickley Center Nurse) 617-745-3894
David Young (Dean of the Chapel) 617-745-3525 

Private Employees 

Robert Benjamin (Multicultural Affairs) 617-745-3595
Stephanie Flaherty (Social Work Dept.) 617-745-3565
Toni Kabilian (Athletics Dept.) 617-745-3646 

Obligation to Report 

With the exception of the previously mentioned Private and Confidential employee groups, all other Eastern Nazarene College employees (faculty and staff) are required to report all alleged violations of this Title IX and Gender-based Discrimination Policy to the Title IX Coordinator. Additionally, students who are employed by the College as Resident Assistants, Graduate Assistants, Teaching Assistants or whose duties include the supervision or teaching of other students, are required to report alleged violations. 


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Campus and Community Resources

ENC encourages those that are affected by sexual misconduct to engage support and assistance from campus and community resources.

Immediate Assistance

Campus Safety and Security Office 617-745-3911
Quincy Ambulance/Fire/Police 911

Hospitals with Certified Sexual Assault Nurse Examiners

Beth Israel Medical Center (Boston) 617-745-2400 bidmc.org
Brigham & Women’s Hospital (Boston) 617-732-5636 brighamandwomens.org
Massachusetts General Hospital (Boston) 617-724-4100 massgeneral.org
Signature Health Care Hospital (Brockton) 508-941-7400 signature-healthcare.org
South Shore Hospital (Weymouth) 781-624-8000 southshorehospital.org

Domestic Violence/ Sexual Assault Community Programs

A New Day

888-293-7273 or 508-588-8255 (24-hr hotline) 508-583-3005 (office)
healthimperatives.org/anewday

A New Day provides free and confidential crisis counseling and advocacy services to all individuals impacted by sexual or relationship violence. Services include, but are limited to, 24-hour hotline, individual and group crisis counseling, advocacy (medical, legal and systems), and connection to community resources. Services are provided across southeastern Massachusetts from Quincy to Cape Cod. The office locations closest to College campus are in Quincy and Brockton.

Boston Area Rape Crisis Center (BARCC)

800-841-8371 (24-hr hotline) 800-439-2370 (deaf/ hard of hearing)
barcc.org

BARCC provides free, confidential support and services to survivors of sexual violence ages 12 and up and their family and friends. Services include, but are not limited to, 24-hour hotline, individual and group crisis counseling, advocacy (medical, legal and systems), and case management. Services are provided throughout the greater Boston area, including the North Shore. The office located closest to the College campus is in Boston.

DOVE (Domestic Violence Ended)

888-314-DOVE(3683) (24-hr hotline) 617-770-4065 (office)
dovema.org

DOVE provides confidential support services to individuals impacted by dating/domestic violence. Services include, but are not limited to domestic violence counseling, safety planning, support groups, and advocacy (legal and systems). Services are provided across Norfolk County. DOVE’s office is located in Quincy.
Rape, Abuse, and Incest National Network (RAINN)
800-656-4673 (24-hr hotline)

RAINN

rainn.org

RAINN is a nation-wide network of support services for survivors of sexual assault providing hotline-based crisis intervention and emotional support as well as linkage to local, community-based services.

Ongoing Campus Resources

The Brickley Center (Health and Counseling) 617-745-3892 (9AM to 5PM; M-F)
Spiritual Development (Pastoral Care) 617-745-3525


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Title IX and Gender-Based Discrimination Policy

ENC’s Title IX and Gender-Based Discrimination Policy is published in the Student Handbook.

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23 East Elm Avenue, Quincy, MA 02170 (617) 745-3000

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