Title IX prohibits discrimination on the basis of sex and gender in any federally funded education program or activity. MCLA’s Title IX and Equal Opportunity Office ensures compliance with the law and internal policies and engages in prevention efforts on campus by educating the community about Title IX.
Title IX is a federal civil rights law enacted as a part of the Education Amendments of 1972. This law protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance.
Title IX states, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
Title IX applies to any institution receiving federal financial assistance from the Department of Education, including state and local educational agencies. Institutions that receive federal funds from the Department of Education must operate in a nondiscriminatory manner and may not retaliate against any person for opposing an unlawful educational practice or policy, or because a person made charges, cooperated as a witness, or participated in any complaint action under Title IX.
While Title IX is widely known for its impact on school athletics, Title IX prohibits all sex and gender-based discrimination, including sexual misconduct, and provides protections for LGBTQ students.
The Title IX and Equal Opportunity Office also enforces the Violence Against Women Act Reauthorization Act of 2013 (VAWA), which prohibits domestic violence, dating violence, sexual assault, and stalking.
The College’s effort to ensure that all employment and academic decisions, programs, and policies are formulated and conducted in a manner to ensure equal access for all people and to prevent discrimination. As part of this effort, the College ensures that employment, academic decisions, programs, and policies will be based solely on the individual eligibility, merit or fitness of applicants, employees, and students without regard to race, color, religion, national origin, age, disability, gender, sexual orientation, gender identity, gender expression, genetic information, marital or parental status, or veteran status. The College’s Equal Opportunity Policy can be found in the Equal Opportunity, Diversity, and Affirmative Action Plan (EO Plan).
Title IX went through a major change in 2020 when new rules were implemented. We expect Title IX to go through yet another major shakeup in 2024.
Below are resources regarding the upcoming changes and the current rules.
Title IX Statute
FACT SHEET: U.S. Department of Education’s 2022 Proposed Amendments to its Title IX
Regulations
Discrimination Based on Pregnancy and Related Conditions: A Resource for Students
and Schools
U.S. Department of Education Title IX Final Rules (2020) Overview
U.S. Department of Education Title IX Final Rules (2020) Summary
U.S. Department of Education Title IX Final Rules (2020) Full
U.S. Department of Education Office of Civil Rights
Violence Against Women Act (VAWA) (2013)
U.S. Department of Justice Office on Violence Against Women
Consent
Consent is not statutorily defined in Massachusetts.
However, the EO Plan, which the College abides by, defines consent as an “understandable exchange of affirmative words or actions, which indicates a willingness by all parties to participate in mutually agreed upon sexual activity. Consent must be informed and freely and actively given. It is the responsibility of the initiator to obtain clear and affirmative responses at each stage of sexual involvement. Consent to sexual activity may be withdrawn at any time, as long as the withdrawal is communicated clearly. Whether an individual has taken advantage of a position of influence over a Complainant may be a factor in determining consent. A position of influence could include supervisory or disciplinary authority. Silence, previous sexual relationships or experiences, and/or a current relationship may not, in themselves, be taken to imply consent. While nonverbal consent is possible (through active participation), it is best to obtain verbal consent. Similarly, consent to one form of sexual activity does not imply consent to other forms of sexual activity.”
Domestic and Dating Violence
While there are no crimes called “domestic violence” or “dating violence,” Massachusetts
General Law Chapter 209A criminalizes “abuse” between “family or household members,”
which can include persons in a dating relationship.
Sexual Assault
While there is no crime called “sexual assault,” Massachusetts General Law Chapter
265 criminalizes “indecent assault and battery,” “rape,” and “assault with intent
to commit rape.”
Stalking
Stalking is criminalized under Massachusetts General Law Chapter 265.
Check out the Title IX and EO Office’s pamphlets and brochures which provide a wealth of information about Title IX, Equal Opportunity, consent, domestic and dating violence, and more.
If you have filed a formal complaint already, you can find additional help for Complainants here. If you have had a complaint filed against you, you can find help for Respondents here.
Supportive measures are available for Complainants whether or not a formal complaint is filed, and Respondents can access supportive measures as well. Supportive measures are non-disciplinary, non-punitive actions that can be implemented to restore or preserve equal access to education programs or activities without unreasonably burdening the other party. Find out more about support and interim measures here.
A report is information provided to the Title IX and EO Office regarding an incident regarding sex or gender-based discrimination, including sexual misconduct, domestic or dating violence, or stalking. Reports can come from survivors, friends of survivors, and employees who have a duty to report. Employees with a duty to report, such as res. life staff, coaches, department chairs, staff administrators, and club advisors, are required to send reports of potential Title IX-related incidents to the Title IX and EO Office. Reports can be made by submitting this form. Reports can also be made via email. Making a report to the Title IX and EO Office does not mean a formal complaint has been filed or that we have opened an investigation.
First, we will meet with you and ask additional clarifying questions about the reported incident(s). We do this to assess whether the matter qualifies as something the Title IX and EO Office covers. We will also provide critical confidential and private resources. If we assess the incident(s) to be a Title IX/EO matter, we will encourage you to file a formal complaint. Filing a formal complaint starts the investigation process. We will also discuss supportive measures. These may include extensions to deadlines, taking examinations in a different location, changing a class schedule or housing residence, putting a ‘No Contact Order’ in place, or a leave of absence. We will work to put in place supportive measures that allow you to feel safe on campus. Supportive measures can be put in place whether or not you want to start an investigation.
Depending on the situation, we may also encourage you to file a complaint with Public Safety. You are welcome to file a complaint with us, Public Safety, both, or neither. The choice is yours. When opening an investigation, we will ask you about any witnesses and potential evidence you may have.
A document filed by a Complainant, also known as a Reporting Party, or signed by the Title IX Coordinator, which alleges sex or gender-based discrimination, including sexual misconduct, domestic or dating violence, or stalking, against a Respondent, also known as a Responding Party, and requesting that the College investigate the allegation(s). Individuals can file a formal complaint here.
Yes. Whether or not you decide to file a formal complaint, the Title IX and EO Office can provide supportive measures when you report an incident. Supportive measures may include extensions to deadlines, taking examinations in a different location, changing a class schedule or housing residence, putting a ‘No Contact Order’ in place, or a leave of absence. We will work to put in place supportive measures that allow you to feel safe on campus.
An investigation is opened. Parties and witnesses will be interviewed, and evidence will be collected. You and the Respondent are provided opportunities to comment upon the evidence collected, facts found by the investigator, and recommendations made by the investigator. Parties have the right to attend the live hearing where the decision will be made as to whether Title IX or other policies were violated.
From filing a formal complaint to attending the live hearing, Title IX procedures are detailed and can be complicated if you don’t know what to expect. For a more detailed overview of the steps involved in the Title IX procedures, click here.
If you file a formal complaint here without a report being made to Title IX and EO first, that’s okay. The same process would take place as if you made a report: We would meet with you to assess whether or not the incident is Title IX-related and provide confidential and private resources. If it is assessed to be a Title IX issue, we would discuss supportive measures, the formal complaint would be accepted, and an investigation would be opened.
Campus Police – 413-662-5100
Download the Rave Guardian App!
On Campus options for medical attention following sexual assault include:
Off Campus options for medical attention following an assault include:
We encourage individuals to seek medical assistance within the first 72 hours following sexual assault for the purpose of evidence collection. For emergencies, please call 911 or 413-662-5100.
On Campus options for counseling services following sexual misconduct include:
Counseling Services offers a range of services including individual and couples counseling, crisis intervention, psychiatric treatment, consultation to campus community members, and off-campus referrals. Group counseling is available as needs arise. Counseling is confidential and free to all enrolled MCLA students.
Off Campus options for counseling services following an assault include:
On Campus options for counseling services following sexual misconduct include:
Counseling Services offers a range of services including individual and couples counseling, crisis intervention, psychiatric treatment, consultation to campus community members, and off-campus referrals. Group counseling is available as needs arise. Counseling is confidential and free to all enrolled MCLA students.
Off Campus options for counseling services following an assault include:
Employees have access to the Employee Assistance Program (EAP) 24/7.
The EAP is designed to assist employees through a broad range of issues, including traumatic incidents such as sexual or relationship violence. It is 100% free and 100% confidential – the College will never know you called. Most important, the EAP is available at any time and all members of your household can also use this benefit, including dependent children who live away from home (up until age 26.)
Visit www.higheredeap.com or call 800-252-4555.
I reported an incident to the Director of Title IX and EO. After meeting with him, I decided I did not want to file a formal complaint because I did not want to go through an investigation and hearing. Will the alleged perpetrator find out I reported them to the Title IX/EO Office?
Answer: Generally, if you do not file a formal complaint, your report will not be disclosed to the alleged perpetrator. However, there are exceptions to this. For instance, if you decide not to file a formal complaint but you wish to place a “No Contact Order” on the alleged perpetrator, then yes, the alleged perpetrator will be informed. If you are seeking a different supportive measure, like a change in housing or an extension to an assignment deadline, then no, there would be no reason to inform the alleged perpetrator of your report.
My RA overheard a derogatory sexual comment another student directed at me and reported it to the Director of Title IX and EO. I received an email from him regarding meeting to further discuss the incident and learn about my options and rights moving forward. I did not want to tell anyone about this incident, and I do not want to talk to anyone in Title IX. Do I have to?
Answer: No! The choice is yours. Many employees at MCLA have a duty to report incidents of sexual misconduct, discrimination, stalking, and domestic and dating violence. Examples of these folks include resident life staff, coaches, trustees, staff administrators, and supervisors. Since sexual harassment is a form of sex and gender-based discrimination and your RA heard a derogatory sexual comment, they were required to inform the Director of Title IX and EO about it. However, you are not required to go any further! The Title IX/EO Office will always promptly reach out to affected folks when a report is received to offer resources and support, and to meet to further discuss rights and options – but you are never obligated to do so.
Is there a difference between filing a formal complaint with the Title IX/EO Office and filing a criminal complaint with Public Safety/Campus Police?
Answer: Yes. Filing a complaint with Public Safety would mean filing a criminal complaint, which could lead to charges and a courtroom process, which would take place outside of MCLA. Filing a Title IX or EO complaint is an internal process here at MCLA – there is no judge, courtroom, or pressing charges. You are allowed to file complaints with both Public Safety and Title IX, one or the other, or neither – and we will support you no matter which decision you make.
Title IX and Equal Opportunity Office
Office Location: Amsler Campus Center 106
375 Church Street
North Adams, MA 01247
TitleIX@mcla.edu
Dr. Liz Frost
Interim Title IX Coordinator and Equal Opportunity Administrator
titleix@mcla.edu
413-662-5571
