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Title IX

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Meet the Title IX Team

Important Definitions to Understand Regarding Sexual Misconduct at ENC

Reporting Sexual Misconduct

Campus and Community Resources

Sexual Misconduct Policy


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Meet the Title IX Team

The Title IX Coordinator oversees the College’s efforts to create and maintain a campus community environment free from discrimination, including gender-based discrimination and misconduct. The Title IX Coordinator, with the support of the Deputy Coordinators, is responsible for the oversight of the College’s implementation and administration of procedures for resolving Title IX complaints, including educating the community on how to file a complaint alleging a violation of Title IX, investigating complaints, working with law enforcement when necessary, ensuring that complaints are resolved promptly and appropriately, and identifying and addressing any patterns or systemic problems revealed by such report and complaints.

Jeff Kirksey
Coordinator
617-745-3717
titleIX@enc.edu
Student Development

Brandyy Fernandes
Deputy Coordinator
617-774-6814
Adult & Graduate Studies

Stephanie Flaherty
Deputy Coordinator
617-745-3565
Social Work

Toni Kabilian
Deputy Coordinator
617-745-3646
Athletics


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Important Definitions to Understand Regarding Sexual Misconduct at ENC

Sexual Misconduct- is any sexual conduct without seeking and receiving affirmative consent or sexual conduct that occurs after consent has been withdrawn, which causes physical or emotional discomfort to the victim.

Sexual Harassment- is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when at least one of the following conditions is met:

  • Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic advancement;
  • Submission to or rejection of such conduct by an individual is used as a basis for employment or academic decisions affecting such individual, and/or,
  • Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive working, campus living, or academic experience.

Sexual Assault-occurs when one person engages, in sexual contact with another person without that person’s affirmative consent. Any person, regardless of gender or sexual orientation, can be a perpetrator or victim of sexual assault. Sexual assault is further defined as:

  • Non-consensual sexual contact- the indecent touching of another person’s body in an area that is thought to be private such as breasts, buttocks and genitals, without the victim’s consent.
  • Non-consensual sexual penetration- the penetration of a person’s bodily orifice (vagina, anus, and mouth), by any part of another person’s body or by an object, without the victim’s consent.

Dating Violence- is violence or abuse committed by a person who is, or previously was, in a romantic or intimate relationship with the victim. Dating violence may take the form of physical, sexual, emotional, verbal, economic or psychological actions or threats.

Domestic Violence- is a pattern of behavior where one person tries to control the thoughts, beliefs, or actions of another with whom they have, or had a relationship (e.g. current or former spouse, current or former dating partner, family or household member). Domestic violence may take the form of physical, sexual, emotional, economic or psychological actions or threats.

Sexual exploitation-occurs when a person takes sexual advantage of another person for the benefit of anyone other than that person without that person’s consent. Examples of behavior that could rise to the level of sexual exploitation include:

  • Recording images (e.g. video, photograph), audio, or otherwise of another person’s sexual activity, intimate body parts, or the person in a state of undress;
  • Distributing images (e.g. video, photograph), or audio of another person’s sexual activity, intimate body parts, or the person in a state of undress;
  • Viewing another person’s sexual activity, intimate body parts, or the person in a state of undress in a place where that person would have a reasonable expectation of privacy;
  • and Prostituting another person.

Stalking- is when one person knowingly engages in a pattern of conduct or series of acts directed at the another that would cause a reasonable person to suffer substantial emotional distress and caused the victim to become seriously alarmed or annoyed.

Retaliation- conduct that may be reasonably perceived to: a) adversely affect a person’s educational, living, or working environment because of his/her good-faith participation in the reporting, investigation, and/or resolution of a report of a violation of this policy; or b) discourage a reasonable person from making a report or participating in an investigation under this policy, any other College policy, or any other local, state, or federal complaint process.

Affirmative Consent- is an active, clear and voluntary agreement by a person to engage in sexual activity with another person. Affirmative consent is informed, unambiguous and freely given. Affirmative consent is communicated through mutually understandable words or actions that indicated a willingness to participate in mutually agreed upon sexual activity. It is the responsibility of each person to ensure that affirmative consent is given by all participants prior the sexual activity and that such consent remains throughout the sexual activity. Consent is not passive; silence or the lack of resistance cannot be interpreted as consent. Consent may be withdrawn at any time. When consent is withdrawn, sexual activity must stop. Consent to prior sexual acts cannot be interrupted as consent to current or future sexual activity. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another person. Consent cannot be given by a minor, those with a mental disability, those who by law are unable to give consent or those who are incapacitated. Impairment due to drug or alcohol use does not omit a person’s responsibility to seek and obtain affirmative consent prior to engaging in sexual activity. Consent cannot be given when it is the result of any coercion, intimidation, force or threat of harm.

Incapacitation- Incapacitation occurs when an individual lacks the ability to fully, knowingly choose to participate in sexual activity. Incapacitation includes impairment due to drugs or alcohol (whether such use is voluntary or involuntary), the lack of consciousness or being asleep, or otherwise unknowing or unable to effectively determine and communicate affirmative consent.


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Reporting Sexual Misconduct

Eastern Nazarene College strongly encourages individuals to report incidents of suspected sexual misconduct so that any victim of alleged sexual misconduct may gain access to available support and to allow the College to respond appropriately. All reports of sexual misconduct will be handled in a sensitive manner and all involved parties will be treated with respect and dignity. Although a report of sexual misconduct 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 of sexual misconduct are: 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 victims of alleged sexual misconduct to discuss what happened so they can access the available supports and services they deem helpful. Following an incident of sexual misconduct, victims are faced with many decisions. A victim may choose to disclose an incident of sexual misconduct 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. Victims of alleged sexual misconduct 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:

Privileged Employees:

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

Privileged 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. Privileged 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.

Confidential Employees:

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

At ENC, specifically designated Confidential Employees will not report information that identifies the victim of an alleged sexual misconduct, however, they are required to report non-identifying aggregate data to the Title IX Coordinator. Aggregate data includes general information about the incident(s) of sexual misconduct 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 sexual violence 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.

Privileged Employees

Brad Thorne (Brickley Center Counselor) 617-745-3894
Jannett Liburd (Brickley Center Counselor) 617-745-3894
Patsy Malas (Brickley Center Nurse) 617-745-3894
Lynne Bollinger (College Chaplain) 617-745-3525

Confidential 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/ Responsible Employee

With the exception of the previously mentioned Privileged and Confidential employee groups, all other Eastern Nazarene College employees (faculty and staff) are considered Responsible Employees, and thus are required to report all alleged violations of this sexual misconduct 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 considered Responsible Employees.


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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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Sexual Misconduct Policy

ENC’s Sexual Misconduct Policy is published in the Student Handbook .

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