The following list addresses a few of the frequently asked questions of victims of sexual misconduct, harassment, and discrimination. If you have additional questions, please contact Sarah C. Butterick, Title IX & Compliance Officer, at 413-782-1216 or sarah.butterick@wne.edu.
When the University receives a report, it will conduct a preliminary evaluation to determine if immediate action must be taken to protect the complainant or other members of the campus community. At this stage, the University will evaluate the complainant’s request for confidentiality. If the report moves to a complaint status under the University’s Harassment/Discrimination/Sexual Misconduct policies, the University’s Title IX coordinator will assign the complaint to an Investigator who will conduct an investigation. The investigation will be adequate, reliable, impartial, and prompt, and include the opportunity for both parties to present witnesses and other evidence. In compliance with OCR guidelines, the University will make every effort to complete all investigations, including adjudication processes, within a 100-business-day time period. This 60-day time period can be extended for an appropriate cause by the Title IX Coordinator.
Investigations are conducted in a manner that is consistent with the Institution’s policies and transparent to the complainant and respondent.
Investigative Steps
During the investigation, the University will take reasonable steps to provide an equitable and safe environment should it be necessary. Possible remedies include, but are not limited to:
The University recognizes that retaliation can take many forms and may be committed by one person or a group. Both the respondent and complainant can be the subject of retaliation. All complaints of retaliation should be made to the investigator, Title IX Coordinators, or Deputy Coordinators.
The law requires educational institutions to maintain policies, practices, and programs that do not discriminate against anyone on the basis of gender. Elimination of discrimination against women has received more attention because females have historically faced greater gender restrictions and barriers in education. However, Title IX has also benefited men. Continued efforts to achieve educational equity have benefited all students by moving toward the creation of University environments where all students can learn and achieve the highest standards.
You can report an incident as a witness to the actual incident or as a concerned party. If you can provide enough information, the University can pursue an investigation. If the information is incomplete or lacks specific information, the University may be limited in its ability to respond.
Yes. If you engage in sexual activity with someone who is physically or mentally incapacitated, consent for sexual activity cannot be given. Alcohol may cause such a state of incapacitation. For such reasons, it is unwise to engage in sexual activity when one or both parties are intoxicated.
Do not contact the alleged complainant. You should contact the Title IX Coordinator or the Office of the Dean of Students, who will explain the University’s procedures for addressing sexual misconduct complaints. You will also receive information on your rights and responsibilities, as well as any resources that may be available to you.
Based on a fair and impartial review and evaluation of all evidence developed and presented, the Hearing Board/Committee will make a decision based on the Preponderance of the Evidence Standard. The Definition of Preponderance of the Evidence Standard is more likely than not.
