Title IX Response and Grievance Process

Regis is committed to creating and maintaining a community where all individuals, including students, faculty, or staff, can work and learn together in an atmosphere free of all forms of discrimination, harassment, exploitation, or intimidation. Consequently, Regis prohibits all forms of Sex Discrimination, including quid pro quo harassment, sexual assault, domestic or dating violence, stalking, gender-based violence, violence based on sexual orientation or gender identity or expression, and hostile environment harassment. Consistent with state and federal law, Regis will address all allegations of Sex Discrimination, including when reported anonymously, pursuant to the processes referenced herein.

Scope

Regis will promptly and equitably respond to reports of Sex Discrimination, including Sex Based Harassment, occurring within its Educational Program or Activity (see Definitions, below) according to the procedures described herein.

The information below sets forth the basic principles applicable to all complaints of Sex Discrimination. Additional procedural steps are included in the following specific grievance procedures for the prompt and equitable resolution of Sex Discrimination complaints made by students, employees, or others attempting to participate in Regis Educational Program or Activity.

Received reports that do not fall within the scope of this Title IX Response and Grievance Process, such as reports of sex or gender discrimination that do not constitute Sex Based Harassment, may be referred to alternative Regis College processes or offices (e.g., the Student Code of Conduct, Faculty Handbook, Human Resources processes).

Depending on the specific nature of a complaint, an individual must consult both the information on this page ("General Response Process") and the grievance procedures linked below.

Conduct Definitions

Consent

Consent is mutual permission between partners. To consent to something, such as a sexual act, means a person knowingly and willingly agrees to the act. A person cannot give consent if they are incapacitated by substances, if they are unconscious, or if they are asleep. An individual may be incapacitated by substances where, as result of using such substances, they are unable to act or function as they normally would (e.g., are unable to move or walk without assistance, are unable to control their body, or are unable to speak, listen, or communicate as they normally would).

Dating Violence

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship shall be considered in determining the existence of a social relationship.

Domestic Violence

A crime of violence committed:

1. By a current or former spouse or intimate partner;
2. By a person with whom the victim shares a child in common;
3. By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner. The perpetrator and victim must be more than just roommates. The people cohabitating must be current or former spouses or have an intimate relationship;
4. By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred;
5. By any other person against an adult or youth victim who is protected from that person’s act under the domestic violence laws of the jurisdiction in which the crime occurred;

Sex Discrimination

Discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity

Sex Based Harassment

A form of Sex Discrimination that involves any of the following:

Quid Pro Quo Harassment

Where a Regis College employee, either expressly or impliedly, requires a person to participate in unwelcome sexual conduct in order for the person to receive an aid, benefit or service of Regis College. Quid pro quo harassment can occur whether or not the person acquiesces to the unwelcome conduct.

Hostile Environment Harassment

Unwelcome (without consent) sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the recipient’s education program or activity (i.e., creates a hostile environment). The following factors will be considered in determining whether a hostile environment exists:

1. The degree to which the conduct affected the complainant’s ability to access Regis’ education program or activity;
2. The type, frequency, and duration of the conduct;
3. The parties’ ages, roles within Regis’ education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
4. The location of the conduct and the context in which the conduct occurred; and
5. Other sex-based harassment in Regis’ education program or activity

Sexual Assault

Any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent. Sexual Assault includes the following:

1. Fondling. The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity.
2. Incest. Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
3. Rape. 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, or an object, without the consent of the victim. This offense includes the rape of both males and females.
4. Statutory Rape. Sexual intercourse with a person who is under the statutory age of consent. In Massachusetts, the statutory age of consent is sixteen (16).

Stalking

Engaging in a course of conduct (two or more acts) directed at a specific person that would cause a reasonable person to: fear for the person’s safety or the safety of others; or suffer substantial emotional distress.

Process Definitions

Business Day

Any day that the Regis College campuses are generally open and fully operational. Business Days to not include recognized Regis College holidays and days on which a campus has been officially closed.

Decision Maker

The Decision Maker reviews the Relevant evidence and makes the Determination of Responsibility.

1. For matters involving student Respondents, the Associate Vice President of Student Affairs or their designee will serve as Decision Maker.
2. For matters involving staff Respondents, the Vice President for Finance and Business or their designee will serve as Decision Maker. For matters involving faculty Respondents, the Vice President for Academic Affairs or their designee will serve as Decision Maker.

Educational Program or Activity

Programs, services, locations or circumstances over which Regis exercises substantial control. Regis’ Educational Program or Activity will include, but is not limited to:

1. Off-campus settings that are operated or supervised by Regis (e.g., online programs, athletics events)
2. Conduct subject to the Regis Student Code of Conduct or Employee Conduct, Ethics, and Conflict of Interest policy.
3. Buildings owned or controlled by recognized student organizations

Relevant or Relevance

Related to the allegations of Sex Discrimination under investigation. Questions are relevant when they seek evidence that may aid in showing whether the alleged Sex Discrimination occurred, and evidence is relevant when it may aid a Decision Maker in determining whether the alleged sex discrimination occurred.

Reporting Party/Complainant

1. A student or employee who is alleged to have been subjected to conduct that could constitute Sex Discrimination; or
2. A person other than a student or employee who is alleged to have been subjected to conduct that could constitute Sex Discrimination and who was participating or attempting to participate in Regis' education program or activity at the time of the alleged Sex Discrimination.
3. May also be referred to as a “party” or “parties”.

Respondent

A person who has allegedly committed Sexual Harassment. May also be referred to as a “party” or “parties”.

Recommended Action

If a member of the Regis community experiences Sexual Harassment, particularly an incident involving physical harm or threats of physical harm, they may wish to consider the following course of action:

1. Get to a safe place as soon as possible.
2. Call someone they trust for help or support. See “Support Resources” below.
3. Consider taking steps to preserve evidence. If the incident occurred within five (5) days, it is best not to shower, bathe, or change clothes—even if Reporting Party did any of these things, evidence can still be collected. If Reporting Party has changed clothes, they should bring the clothes they were wearing during the assault to the hospital.
4. Get Medical Attention. Regis will facilitate access to medical treatment, including Regis College Health Services where appropriate, and will facilitate transportation from the Regis campus to a hospital or health professional for medical treatment. Individuals seeking such transportation should contact the Regis College Police Department (College Hall 102, 781.768.7111). In emergency circumstances, an ambulance will be called. If the circumstances are not emergent, a taxi or similar service may be used. Even if there is no obvious sign of physical injury, internal injuries are possible. Early testing and treatment for sexually transmitted infections (STIs) and possible pregnancy can prevent further problems.
5. Seek Counseling. It is often helpful for involved parties to seek counseling. The crisis intervention and counseling services provided by Regis (see below) are available to all members of the Regis community. Additionally, there are many resources in the community that are available.

1. confidential resource

Reporting

Regis seeks to create an environment that encourages the reporting of Sex Discrimination, Sex Based Harassment, and other concerning conduct on the basis of sex, sexual orientation, or gender identity. Reporting Parties or others with information about an incident may report incidents to Regis College Police, Weston Police, Massachusetts State Police, the Office of Student Affairs, the Associate Vice President of Human Resources, the Deputy Title IX Coordinator, or the Title IX Coordinator.

Reporting Parties may submit reports anonymously using Guardian, Regis’ third-party operated reporting system. Regis may be limited, however, in its ability to respond to reports submitted anonymously.

Reporting parties may utilize Regis’ grievance procedures concurrently with any external civil or criminal process.

Criminal Reporting

Reporting Parties may decide whether or not to file a criminal report with Regis College Police Department or local law enforcement. Reporting an incident to the police does not commit a Reporting Party to further legal action or participation in any criminal proceeding. Should a Reporting Party choose to file a report, they will be asked to provide as much detail as possible. The earlier an incident is reported, the easier it will be for the police to investigate the crime and prosecute the case successfully. If desired, Regis personnel will assist Reporting Parties in contacting police to file a report.

Individuals seeking to have restraining orders or orders of protection enforced on the Regis campus should notify either the Regis College Police Department (781.768.7111, safety@regiscollege.edu) or the Title IX Coordinator (781.768.7369). Regis will assist in the enforcement of any lawfully issued restraining orders or orders of protection.

Reports to Non-Confidential Regis Employees

In order to respond to reports, provide support to Reporting Party and Respondent, comply with legal responsibilities, and keep track of trends within the community, the Regis official who receives a report will refer it to the Title IX Coordinator.

Depending on the circumstances, the following administrators will be informed of a report:

1. Deputy Title IX Coordinator,
2. Dean of Students,
3. Associate Vice President of Student Affairs,
4. Associate Vice President of Human Resources,
5. Chief of Regis College Police Department,
6. Vice President of Inclusive Excellence and Chief Diversity Officer.

Regis will not disclose the identity of Complainant or Respondent except as necessary under its grievance procedures or as permitted under state or federal law.

Campus security authorities, including the Title IX Coordinator, who receive a report of sexual assault, dating violence, domestic violence, or stalking will notify the Regis College Police Department of the incident, but will not include personally identifying information without Reporting Party's consent. The purposes of these notifications are to determine whether the greater Regis community should be warned about a potentially dangerous situation that represents a threat the Regis community and to collect crime statistics. Consistent with federal law, Regis will assess whether a timely warning or emergency notification is required, which, in limited circumstances, may result in the release of Complainant’s identity. The Regis College Police Department will investigate all received reports, but investigation may be limited where a Reporting Party has decided not to report their personally identifying information.

Reports to Confidential Regis Employees

Employees in the following areas are considered confidential Regis employees:

1. Center for Health and Wellness – in the context of providing healthcare
2. Counseling Services – in the context of providing mental healthcare
3. Father Paul Kilroy
4. An employee conducting research approved by the Regis Institutional Review Board (“IRB”) related to Sexual Discrimination or Sex Based Harassment

A confidential employee who receives a report will:

1. Explain that they are a confidential employee and are not required to notify the Title IX Coordinator of the complaint,
2. Provide the Title IX Coordinator’s contact information,
3. Explain that the Title IX Coordinator may be able to provide supportive measures

Responding to Reports

Regis College will respond to all reports of Sex Based Harassments and Sex Discrimination. Specific details of each process (Sex Based Harassment and Sex Discrimination) and potential outcomes can be found under Related Documents.

Fair Treatment

Regis will treat Reporting Parties and Respondents equitably. Any staff involved in receiving, responding to, or investigating a report (e.g., a Title IX Coordinator, investigator, or Decision Maker) will not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.

Presumption that Respondent is Not Responsible

Regis presumes that the Respondent is not responsible for the alleged Sex Discrimination until a determination is made at the conclusion of its grievance procedures.

Timeframes

Regis has established the following timeframes for the major stages of its response and grievance processes:

Reporting Party or Respondent may request an extension of any timeframe noted above for good cause. All requests must be in writing to the Title IX Coordinator and Decision Maker. The Title IX Coordinator or Decision Maker may extend any time period noted above in the interest of promoting equity in the grievance process or conducting a complete investigation. The Title IX Coordinator will inform Reporting Party and Respondent of any granted extension and the underlying rationale.

Access to Evidence; Privacy

Once the Title IX Coordinator, investigator(s) and Decision Maker determine that all reasonably available investigative avenues have been pursued, the Title IX Coordinator will provide each party five (5) Business Days to access and respond in writing to the Relevant and not otherwise impermissible evidence and (where applicable) any summary of that evidence gathered during an investigation.

Parties are granted this access subject to reasonable steps Regis may take to protect the privacy of the parties and witnesses. These steps may include, but are not limited to, technological restrictions on access.

There is no limitation on a party’s ability to speak to or consult with witnesses, family members, confidential resources, or advisors related to their participation in the grievance procedures.

Regis provides the parties access to evidence for the purpose of facilitating their participation in the investigation. Regis strictly prohibits sharing evidence in a manner meant to intimidate, threaten, coerce, or retaliate against others for the purpose of interfering with their rights under the grievance procedures. See also Retaliation Prohibited, Section 21.

Evaluation of Evidence

The Title IX Coordinator, investigator(s), and Decision Maker will fairly evaluate all Relevant evidence gathered in the course of a grievance process – including evidence that indicates a violation occurred and evidence that indicates a violation did not occur. Any credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness.

Even if Relevant, the following types of evidence and questions are impermissible and will not be included in the grievance process:

1. Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality,
2. A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless that party or witness provides voluntary, written consent,
3. Evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless:
   1. Evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct, or
   2. Evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent to the alleged sex-based harassment. The fact that a Complainant consented to sexual conduct with the Respondent in the past does not imply that the Complainant consented to the sexual conduct contained in a complaint.

Burden of Responsibility

Regis is ultimately responsible for gathering evidence and for proving whether or not a Respondent is found responsible for committing a violation.

Retaliation Prohibited

Regis prohibits retaliation against any person involved in a report of Sexual Harassment, gender discrimination, or other concerning conduct on the basis of sex, sexual orientation, or gender identity or against any person participating in the Title IX investigation or hearing in any manner.

Retaliation means intimidation, threats, coercion, or discrimination against any person by Regis, a student, or an employee or other person acting on Regis’ behalf based on the fact that a person has made a complaint or is otherwise participating in or involved with an investigation of Sex Discrimination. Peer retaliation means retaliation by a student against another student.

Individuals engaging in retaliation or peer retaliation may be subject to disciplinary action under the student conduct process (students) or Human Resources processes (faculty and staff).

Student Conduct Amnesty (Students)

Regis does not want a student’s use of drugs or alcohol to discourage them from reporting an incident of Sexual Harassment, gender discrimination, or other concerning conduct based on sex, sexual orientation, or gender identity. As a result, Regis will grant student conduct amnesty to students involved in a reported incident for their personal use of prohibited or illegal drugs or alcohol in connection with that incident. In other words, Regis will not pursue student conduct sanctions for a student’s own use of prohibited or illegal drugs or alcohol occurring in the context of a reported incident. Regis will not provide this amnesty, and will pursue student conduct sanctions, for students who provide drugs or alcohol to another individual in a prohibited or illegal manner.

Supportive Measures

Regis College will respond to all reports of Sex Based Harassments and Sex Discrimination. Regis will make appropriate supportive measures reasonably available to both Reporting Party and Respondent to maintain or restore their participation in the Regis community. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.

Supportive measures are intended to provide a party with support during the grievance process and/or to restore a party’s access to Regis Educational Program or Activity, including measures meant to promote safety in Regis’ educational environment. Supportive measures are not punitive in nature, may not unreasonably burden a party, and are offered free of charge.

In order to provide certain supportive measures, Regis may need to disclose a Reporting Party’s and/or Respondent’s identity to certain Regis staff. Such disclosure will be made on a strict need-to-know basis.

Emergency Removal

Regis College may remove a Respondent from its Educational Program or Activity (or any portion thereof) if the following conditions are satisfied:

1. Regis officials conduct an individualized safety/risk analysis of Respondent and the specific circumstances;
2. That analysis indicates there is an immediate threat to the physical health or physical safety of one or more individuals;
3. The threat specifically arises out of the allegations of Sex Discrimination

If an Emergency Removal is needed, Respondent will receive written notice including the specific facts relied upon for the removal. Upon receipt of this notice, Respondent must vacate the indicated Regis College Educational Program or Activity, property, or portion thereof. After vacating, Respondent may immediately challenge the Emergency Removal by submitting the reasons for the challenge in writing to the Title IX Coordinator within five (5) Business Days of the removal. An Emergency Removal may be overturned if Respondent provides specific facts indicating that the removal decision was incorrect. The Title IX Coordinator will review the challenge and provide a decision within five (5) Business Days of receiving the challenge.

Administrative Leave (Employees)

Regis may place a non-student employee Respondent on administrative leave pending an ongoing grievance process and/or Determination of Responsibility according to standard Human Resources practice.

Related Documents

Regis is a proud sponsor of the Boston Area Rape Crisis Center.