Office of Gender Equity: Title IX Policies

Photo by Pete Mauney
Photo by Pete Mauney '93 MFA '00

2015-2016 Gender-Based Misconduct Policy

Notes

[1] These definitions are pursuant to the Office of Civil Rights’ guidelines.

[2] A hostile environment exists when there is unwelcome conduct of individuals in the educational or work environment, creating an atmosphere that is intimidating, hostile, abusive, or offensive to the reasonable person. A reasonable person, as defined in tort and criminal law, is a hypothetical person in society who exercises average care, skill, and sober judgment in conduct.

[3] Quid pro quo is defined as sexual harassment that occurs when employment or academic decisions resulting in a significant change of status are based on an employee’s or student’s submission to, or rejection of, unwelcome verbal or physical sexual conduct.

[4] An institutional investigation is a separate process from a criminal investigation, which can occur concurrently. An institutional investigation is conducted to determine if a policy has been violated. Information cannot be subpoenaed by the investigator conducting the institutional investigation.

[5] The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f)) is the landmark federal law that requires colleges and universities across the United States to disclose information about crime on and around their campuses

[6] A responsible employee is defined as any Bard administrator, faculty, professional staff member, or peer counselor. Climate surveys, classroom writing assignments, human-subjects research, and events such as Take Back the Night or similar speak-outs do not constitute notice to the Office of Gender Equity. 

[7] For more information about this exam: https://www.rainn.org/get-information/sexual-assault-recovery/rape-kit

[8] Bard College maintains a relationship with an outside panel of trained investigators, primarily attorneys, who are not employees of the institution, and who are charged with conducting a full and complete investigation.

[9] “Preponderance of the evidence” means that there is a greater than 50 percent chance, based on all reasonable evidence, that gender-based misconduct occurred, as compared to “beyond a reasonable doubt,” the standard used in criminal cases.