Title IX at MCPHS University – It’s All About Respect!

Title IX of the Educational Amendments of 1972 – 20 U.S.C. § 1681-1688

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 of the Educational Amendments of 1972 to the 1964 Civil Rights Act.

MCPHS University is committed to providing a safe and positive living, learning, and working environment. The University has a responsibility to ensure that all students, staff, faculty, and visitors can enjoy the benefits and opportunities the University has to offer in an environment free from discrimination on the basis of sex, including sexual assault and sexual harassment.

The term “Sexual Harassment” is defined pursuant to 34 CFR Part 106 as:

unwelcome conduct on the basis of sex “determined by a reasonable person to be so severe, pervasive, and objectionably offensive that it effectively denies a person equal access to the school’s education program or activity”; an employee conditioning the provision of aid, benefit, or service on an individual’s participation in unwelcome conduct(quid pro quo); or sexual assault (as defined by the Clery Act), dating violence, domestic violence, or stalking (as defined by the Violence Against Women Act (VAWA)). The alleged conduct must have occurred in the United States within an MCPHS education program or activity, which includes “locations, events or circumstances over which the school exercises substantial control over both the respondent and the context in which the sexual harassment occurred.”

The University will not tolerate sexual harassment in any form or related retaliation against or by any employee or student. The University recognizes that discrimination and harassment related to a person’s sex can occur in connection with misconduct related to a person’s sexual orientation, gender identity, gender expression, race, color, ethnicity, national origin, religion, age, disability, or other protected classes. Targeting a person based on these characteristics is also a violation of state and federal law and the University’s Protection from Discrimination and Harassment Policy. As appropriate, the University will endeavor to coordinate the investigation and resolution of sexual harassment complaints with the investigation and resolution of complaints of discrimination or harassment based on other protected classes. There is a presumption that the Respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.

There is a presumption of innocence throughout the grievance process, with the burden on the university to gather information and to prove the alleged conduct meets the definition of sexual harassment pursuant to Title IX.

Title IX Coordinator

Dawn M. Ballou
179 Longwood Ave., Boston, MA 02115
617.732.2077 cell 837.337.4117
Dawn.Ballou@mcphs.edu

Chief Human Resource Officer
Kevin Dolan 617.732.2144 Kevin.Dolan@mcphs.edu

Dean of Students and Senior Student Affairs Officer
Jacinda Félix Haro 617.732.2929 Jacinda.FelixHaro@mcphs.edu

Title IX Team

Linda Brown, Sr. Associate Dean of Students
603.314.1779 Linda.Brown@mcphs.edu

Sunnia Ko Davis, Dir. Undergraduate Bridge Program
617.735.1117 SunniaKo.Davis@mcphs.edu

Julia Golden, Associate Dean of Students
617.732.2058 Julia.Golden@mcphs.edu

Nicole Dettman, Associate Program Director – PA
Studies
508.373.5842 Nicole.dettman@mcphs.edu

Gerard D’Souza, Assistant Dean of Assessment & Accreditation
617.735.1091 Gerard.DSouza@mcphs.edu

Sue Gorman, Executive Director for Academic Affairs
774.243.3488 Sue.gorman@mcphs.edu

Eileen Katz, Director of Human Resources
508.373.5871 Eileen.Katz@mcphs.edu

Evan Maloney, Assistant Dean of Students
508.373.5779 Evan.Maloney@mcphs.edu

Garland Mann-Lamb, Area Coordinator
507.373.5647 Garland.Mann-Lamb@mcphs.edu

Jessica Morris, Sr. Associate Dean of Students
508.373.5640 Jessica.Morris@mcphs.edu

Rachel Newman, Director of Residence Life-Worcester
508.373.5628 Rachel.Newman@mcphs.edu

Samantha Nganju, Assistant Dean of Student Success
774.243.3452 Samantha.nganju@mcphs.edu

Carl Oliveri, Associate Dean of Campus Life
617.732.2871 Carl.Oliveri@mcphs.edu

Andreana Pavlos, Associate Dean of Students
617.732.2105 Andreana.Pavlos@mcphs.edu

Tiffanie Pierce, Assistant Dean of Student Success
617.732.2185 Tiffanie.pierce@mcphs.edu

Irene Stefanakos, Director of Residential Living and Learning
617.732.2866 Irene.Stefanakos@mcphs.edu

Eric Thompson, Executive Director of Enrollment Services
617.732.2297 Eric.thompson@mcphs.edu

Seth Wall, Executive Director
603.314.1705 Seth.wall@mcphs.edu

Public Safety

Keith Kasprzak – Captain – Worcester Public Safety
508.373.5788 Keith.Kasprzak@mcphs.edu

Kevin Nolan, Chief of Public Safety
617.732.2900 Kevin.Nolan@mcphs.edu

William Teuber, Lieutenant – Manchester Public Safety
603.314.1791 William.Teuber@mcphs.edu

PROTECTION FROM SEXUAL HARASSMENT (Title IX) POLICY

PROTECTION FROM DISCRIMINATION AND HARASSMENT POLICY

STUDENT CODE OF CONDUCT AND STUDENT DISCIPLINE SYSTEM

MANDATORY REPORTING POLICY FOR MINORS IN DANGER FROM ABUSE, NEGLECT, OR EXPLOITATION

The complainant and respondent are treated equitably while addressing allegations of sexual harassment. Equitable remedies should include supportive measures for the parties that are non-disciplinary, non-punitive in nature and designed to restore or preserve equal access to education programs and activities while addressing the allegations through a fair and unbiased grievance process.

A. THE COMPLAINT

The university has actual knowledge of a potential Title IX violation when notification is given to the Title IX Coordinator or any official who has the authority to institute corrective measures.

Upon notification of a potential Title IX violation, the Title IX Coordinator will promptly contact the complainant to discuss supportive measures; to consider the complainants wishes with respect to supportive measures; to inform the complainant of availability of these measures with or without the filing of a formal complaint; and to explain the grievance process and the procedure for filing a formal complaint.

Emergency Removal of a student-respondent may still be appropriate, provided the university does an individualized safety and risk analysis; determines there is an immediate threat to the physical health or safety of students or employees that justifies removal; and, provides notice and an opportunity for the respondent to challenge the decision immediately following removal. Non-student employees may be placed on administrative leaves during investigations.

The complainant or Title IX Coordinator file a document alleging sexual harassment against a respondent and requesting that the university investigate the allegation of sexual harassment, known as a “formal complaint.” A complainant may only file a formal complaint under this policy if the complainant is participating in or attempting to participate in an education program or activity of the university.

The university treats the complainant and respondent equitably throughout the grievance process. All university officials involved in the grievance process must not have a conflict of interest or bias for or against either party. The respondent is presumed not to be responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process. The parties are advised as to the range of possible disciplinary sanctions and remedies that the university may implement following any determination of responsibility. The university will determine responsibility based on the evidentiary standard of Preponderance of the Evidence and both parties are permitted to appeal the final decision.

The university will provide for an informal resolution process such as mediation after the filing of a formal complaint. Informal resolution does not involve a full investigation and adjudication. The informal resolution process may begin at any time prior to a determination regarding responsibility. The university must provide the parties with the written notice as to the allegations and the requirements of the informal resolution process. The parties must voluntarily agree and provide written consent to the Informal resolution process. The parties have the right to withdraw from the informal process and participate in the formal grievance process any time prior to a determination regarding responsibility. Informal resolution is not permitted in cases of harassment of a student by an employee.

B. TITLE IX INVESTIGATION

1. Initiating the investigation. Upon receipt of a formal complaint, the Title IX Coordinator will provide written notice to the parties of the allegations of sexual harassment, including sufficient details known at the time of filing and allowing sufficient time to prepare a response before the initial interview. The details include the identity of the parties, the alleged conduct constituting sexual harassment, the date and location of the alleged conduct. The written notice must contain a statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process. The notice must inform the parties that they may have an advisor of their choice, who may be, but is not required to be, an attorney. The notice must inform the parties of the section of the Student Code of Conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.
2. Time frame. The university will endeavor to complete its investigation in sixty (60 days). However, there may be reasonable delays or extensions as circumstances arise.
3. Standard of Proof. The “preponderance of the evidence” standard shall be applied to sexual harassment complaints. This standard requires a finding that it is more likely than not that sexual harassment occurred in order to assign responsibility to the respondent.
4. Gathering information. The university will conduct prompt and thorough interviews of the complainant, the respondent, and any witnesses. Both parties will have an opportunity to suggest witnesses. The investigator will interview the suggested witnesses unless the investigator determines that the information that the party claims the witness will share is not relevant. The burden of gathering both inculpatory and exculpatory evidence and proof sufficient to reach a determination of responsibility is on the university. The university will not restrict the ability of either party to discuss the allegations under investigation or gather and present relevant evidence. The parties are both allowed to have their advisor of choice present during any grievance proceeding. The university may restrict the extent to which the advisor may participate in the proceedings as long as the restrictions apply equally to both parties. Written notice of the date, time, location, participants, and purpose of all hearings, interviews or meetings must be provided to a party whose participation is invited or expected with sufficient time for the party to prepare to participate. An investigative report will be generated at the end of the investigation. Prior to completion of the investigative report, the Title IX Coordinator will send each party and their advisors any evidence gathered that is directly related to the allegations for their inspection and review with ten (10) days-notice to submit a written response, prior to completion of the final investigative report. The final investigative report is sent to the parties and their advisors ten (10) days prior to the live hearing.
5. Mandatory Dismissal. If the conduct alleged in the formal complaint would not constitute sexual harassment as defined above, or did not occur in the university’s education program or activity, or did not occur against a person in the United States, then the Title IX Coordinator must dismiss the formal complaint. Such dismissal does not preclude action under another policy or provision of the university’s code of conduct. Upon dismissal, the Title IX Coordinator must promptly send written notice of the dismissal and reason for the dismissal simultaneously to the parties. Both parties will have a right to appeal the dismissal pursuant to the appeal procedures described below.
6. Discretionary Dismissal. The Title IX Coordinator may dismiss the formal complaint, if at any time during the investigation or hearing: the complainant notifies the Title IX Coordinator in writing that the complainant wishes to withdraw the formal complaint; the respondent is no longer enrolled or employed by the university; or circumstances prevent the gathering of evidence sufficient to reach a determination regarding responsibility. Both parties will have a right to appeal the dismissal pursuant to the appeal procedures described below.

Once the Title IX Coordinator is satisfied that the investigation is completed, the Title IX Coordinator will notify the complainant and the respondent as to the live hearing.

C. Live Hearing

The parties (through their advisors) may make opening statements and the decision makers may question the parties and their witnesses prior to and after any cross-examination.

1. Cross-examination. The decision makers preside over the live hearing, permit each party’s advisor to ask the other party, and witnesses all relevant questions. The cross-examination must be conducted directly, orally, and in real time by the advisor and not the party. Either party can request that the live hearing occur virtually with the parties in separate rooms. The technology is to allow the decision makers and parties to simultaneously see and hear the cross-examination of the party or witness. Only relevant questions will be answered. The decision makers make a determination as to relevancy after the question is asked and before the answer given. The university must provide an advisor, without fee, to a party who does not have an advisor present for the live hearing. Parties or witnesses who do not submit to cross-examination will preclude the decision makers from relying on their statements in determining responsibility.
2. Recording or Transcript. The university must create an audiovisual recording or transcript of the live hearing and make it available to the parties for inspection and review.
3. Determination Regarding Responsibility. The decision makers must issue a written determination regarding responsibility simultaneously to the parties using the preponderance of the evidence standard. The written statement must include the allegations constituting sexual harassment, describe the procedural steps taken, the findings of fact supporting the determination, conclusions regarding the application of this Policy and a statement the findings and the rationale, as well as the procedures and basis for appeal.

D. Appeal.

Both respondent and complainant may appeal a determination regarding responsibility and from a dismissal of a formal complaint based on: (1) procedural irregularity that affected the outcome; (2) new evidence not previously available that could affect the outcome; and (3) bias or conflict of interest on the part of a Title IX official that affected the outcome.

MCPHS University and the community offer a wide range of support and assistance services and programs to meet the diverse needs of those seeking help or information.

Off-Campus Resources

MEDICAL & BEHAVIORAL HEALTH OPTIONS

• Boston Beth Israel Deaconess Medical Center (BIDMC) 617.667.7000
• Fenway Community Health Center’s Violence Recovery Program 617.927.6250
• Worcester St. Vincent Hospital 508.363.5000
• UMass Memorial Medical Center 508.334.1000
• Manchester, NH Elliot Hospital 603.669.5300
• Sexual Assault Support Services (SASS in Portsmouth, NH) 888.747.7070

GENERAL STUDENT RESOURCES, REFERRALS & SUPPORT

National Domestic Violence Hotline 800.799.7233

Rape, Abuse, Incest National Network (RAINN) 1.800.656.HOPE (4673)

Additional Resources

VICTIM SERVICES

Boston

• Boston Area Rape Crisis Center Hotline 800.841.8371
• Boston Police Department Sexual Assault Division 617.343.4400 or 911
• Center for Violence Prevention and Recovery 617.667.8141

Worcester

• Pathways for Change/Worcester Rape Crisis Center Hotline 800.870.5905 | www.rapecrisiscenter.org
• Worcester County District Attorney’s Office 508.755.8601
• Daybreak 508.755.9030

Manchester

• Bridges Hotline 603.883.3044 | www.bridgesnh.org
• Crisis Center of Central New Hampshire 866.841.6229
• NH Coalition against Domestic and Sexual Violence 800.277.5570 | www.nhcadsv.org

Victims' Bill of Rights – Boston

Victims' Bill of Rights – Worcester

Victims' Bill of Rights – Manchester

In the case of an emergency, call 911 and then contact the University Office of Public Safety. In a non-emergency situation, contact the Office of Public Safety, which can provide assistance in notifying the appropriate law enforcement agency, e.g., police, District Attorney, etc.

Anyone who has witnessed, knows about, or has experienced sexual harassment or other sex discrimination, is encouraged to seek help and report his or her concerns. There are a number of ways to report concerns and to get needed information, assistance, and resources.

Retaliation of any kind against individuals who report concerns or who participate in an investigation process is prohibited.

POLICE

911 – Emergency – All Campuses

MCPHS PUBLIC SAFETY
BOSTON (non-emergency) 617-732-2900
WORCESTER (non-emergency) 508-373-5800
MANCHESTER (non-emergency) 603.314.1771

http://www.mcphs.edu/About MCPHS/Emergency Information

Title IX Coordinator
Dawn M. Ballou
179 Longwood Ave., Boston, MA 02115
617.732.2077 – office
857.337.4117 – cell
Dawn.ballou@mcphs.edu

Chief Human Resource Officer
Kevin Dolan
617.732.2144
Kevin.dolan@mcphs.edu

Dean of Students and Chief Student Affairs Office
Jacinda Félix Haro
617.732.2929
Jacinda.felixharo@mcphs.edu

2019 MCPHS University Clery Report

2018 MCPHS University Clery Report

2017 MCPHS University Clery Report

2016 MCPHS University Clery Report

2016 NESA Clery Report

NOT ALONE - The First Report of the White House Task Force to Protect Students From Sexual Assault

May 2020 Title IX Final Regulations

Hearings in the New Era