2021 Massachusetts Maritime Academy Annual Security and Fire Safety Report

Prepared in 2022

 

Massachusetts Maritime Academy Police Department 
Email: cslattery@maritime.edu
Tel: (508) 830-5060

 

 

Welcome to the Massachusetts Maritime Academy Public Safety Department. The Academy employs full time and reserve, professional police officers, certified through the Massachusetts State Police Certification Unit as Special State Police Officers. It is my pleasure to lead this talented and dedicated group of Public Safety professionals. They are responsible for enforcing Academy rules and regulations, investigating incidents, arresting perpetrators of criminal activity and maintaining order on Academy property. The safety and security of students, faculty, staff, and visitors are of paramount importance in every aspect of our duties. We work closely with local law enforcement and with our own administration and student disciplinary professionals to provide a safe and secure learning environment. We are committed to community-oriented policing that involves working closely with our students, staff, and visitors.


As Chief, I continue to build collaborative relationships that will prepare the community for the challenges and rewards associated with the department's commitment to excellence. On behalf of the men and women of the Massachusetts Maritime Academy Police Department, we welcome you and hope the information you find in this report useful and informative.

Chris Slattery
Chief of Police/Director
Massachusetts Maritime Academy, Public Safety Department

The Massachusetts Maritime Academy Department of Public Safety prepares this report in accordance with the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act. This report includes statistics for the previous three years concerning reported crimes that occurred on campus; in certain off- campus buildings or property owned or controlled by the Massachusetts Maritime Academy; and on public property within, or immediately adjacent to and accessible from, the campus.

This report also includes institutional policies concerning campus security, such as policies concerning alcohol and drug use, crime prevention, the reporting of crimes, sexual assault, and other matters.

It is prepared in cooperation with local law enforcement agencies and with the assistance of many on campus entities, including, but not limited to, the Commandant of Cadets/Dean of Students Office, and Title IX coordinators. Each entity provides updated information on their educational efforts and programs to comply with the Clery Act.

Campus crime, arrest and referral statistics include those reported to the Maritime Department of Public Safety, designated campus officials and local law enforcement agencies.

Each year, an email notification is made to all enrolled students, faculty and staff. This notification provides information on how to access the Annual Security Report online.

This report is available online by visiting the Massachusetts Maritime Academy Public Safety Department web site at https://www.maritime.edu/health-safety/safety. Printed copies may also be obtained at the Massachusetts Maritime Academy Public Safety headquarters, located in the Bresnahan Building, or by calling the Department of Public Safety at 508-830-5238.

About the Department of Public Safety:
The Public Safety Department’s top priority is the safety and security of the campus community. The
Public Safety Department’s mission is to protect and serve the Academy community to a reasonable
expectation with courtesy, patience, duty, teamwork, unity, and strength.

Massachusetts Maritime Academy, with a population of over 1,800, including 1,600 students, is both a center for higher education and an active community. As with any community of similar size, criminal activity and emergencies can and do occur on campus.

To ensure a safe, peaceful environment for our community to learn and grow, the Department of Public Safety is a visible part of campus life. The Department is organized, trained, and equipped to provide progressive law enforcement and emergency services to our community.

As set forth in Massachusetts General law: “The (Academy) trustees may appoint as police officers’ persons in the employ of the Academy who in the enforcement of said rules and regulations and throughout Academy property shall have the powers of police officers, except as to service of civil process.” (MGL: Ch. 75, Sec.32A)

Therefore, our officers possess the full power and authority to apprehend and arrest anyone involved in illegal acts on campus. It is a regular practice for the Department to work together with our local law enforcement agencies such as the Bourne Police Department and the Massachusetts State Police, among others, on investigations that may cross jurisdictional boundaries.

The Department of Public Safety operates 24 hours per day, seven days a week, providing all patrol, investigative, specialized, and emergency response, as well as crime prevention and educational services at the Buzzards Bay campus. Public Safety police officers attend the municipal police training academies located throughout the state to gain their initial Massachusetts police certification. The department has 7 full-time members and 5 part-time members on its staff. By mutual agreement with state and federal agencies, MMAPD maintains a Criminal Justice Information Services terminal which provides department personnel with access to the National Crime Information Computer System as well as the Criminal History Systems Board for the Commonwealth of Massachusetts. These computer databases are used to enhance public safety by accessing criminal history data, nationwide police records, driver/vehicle identification information, as well as other local, state and federal law enforcement information.

The sworn personnel and support staff of the Department of Public Safety are dedicated to ensuring that our campus is a safe environment for studying, teaching, researching, recreating, and living. Our department strives toward this goal through problem-solving partnerships with the faculty, staff, and students, as well as state and local governmental bodies, and our community's neighbors. The Department of Public Safety works in collaboration with state and federal law enforcement agencies on an ongoing basis. Feel free to contact us for routine business or if you have any questions, concerns, or suggestions regarding the Department of Public Safety, you may call the Department at 508-830-5238 or stop-by and speak with us at our headquarters at 101 Academy Drive, Bresnahan Hall, Buzzards Bay, MA 02532. You may also contact the Chief with general questions via e-mail at: cslattery@maritime.edu.

Community members, students, faculty, staff, and guests are encouraged to report all crimes and public safety related incidents to the Department of Public Safety in a timely manner including when the victim elects to, or is unable to, make such a report.

To report a crime or an emergency from an on-campus phone, call the Department of Public Safety at 508- 830-5238. When using a cell phone, please remember that 911 will reach the Massachusetts State Police who will transfer the call to the Massachusetts Maritime Academy Department of Public Safety. The Department of Public Safety recommends pre-programming of cell phones with the Department of Public Safety dispatch number, 508-830-5238. Officers are available 24 hours a day, 7 days a week, to answer your call. The Public Safety officers respond to all requests for service and are the investigating authority for all crimes on campus. In addition to investigating crime reports, our officers will, when deemed necessary, refer reports to the appropriate office, for example, Commandant of Cadets/Dean of Students Office, Title IX co-coordinator and Human Resources and Diversity, or jurisdiction for review or disciplinary action.

As an added security measure, seven Campus Assistance telephones, identified by a blue box, located in strategic locations across campus and can be used to report crimes or other types of emergencies. When the red emergency button is pushed, the caller is in immediate contact with Public Safety. In addition to providing voice contact with a police dispatcher, HELP phone use also enables a dispatcher to pinpoint the caller's location.

When calling for either emergency or non-emergency service, be prepared to:

  • Clearly identify yourself;
  • State your location;
  • State briefly the nature of your call.

If possible, stay on the line unless otherwise advised by the dispatcher. If assistance is required from off campus, the dispatcher will summon the appropriate police, fire and/or medical service.

Crimes should be promptly reported to Public Safety; the sooner that we receive information, the greater the chances for a successful investigation. Prompt reporting also assists us in assessing the incident for issuance of a Timely Warning Notice, and for including the incident in the annual statistical disclosure. To report a crime that occurs at an off-campus location, contact the appropriate local police department. In the case of an emergency it is always best to dial 911 and follow the procedures outlined above. For the purpose of reporting a crime to the Bourne Police Department, we include the business numbers for that department, as well as other Public Safety contacts below. Public Safety officers will assist students with notification to local police agencies, if requested.

 

EMERGENCY: 911

On- Campus Emergency Dispatch: 508-726-0798

Non-Emergency Dispatch: 508-830-5238

Director/ Chief of Police: 508-830-5238

Bourne Police Department: 508-759-4420

Other on-campus resources available to aid the victim or witness of a crime include:

Commandant of Cadets/ Dean of Students: 508-830-5168

Title IX Coordinator for Students: 508-830-5148

Title IX Coordinator for Employees: 508-830-5086

Counseling Services: 508-830-5180

Health Services: 508-830-5048

As a result of the negotiated rulemaking process which followed the signing into law of the 1998 amendments to 20 U.S.C. Section 1092 (f), clarification was given to those considered to be Campus Security Authorities (CSA).

Campus “Pastoral Counselors” and Campus “Professional Counselors,” when acting as such are

not considered to be a campus security authority and are not required to report crimes for inclusion in the annual disclosure of crime statistics. As a matter of policy, the professional counselors at the Massachusetts Maritime Academy are encouraged if and when they deem it appropriate, to inform persons being counseled of the procedures to report crimes to the Office of the Commandant of Cadets/Dean of Students, one of the Title IX co-coordinators and/or the Department of Public Safety, on a confidential basis for inclusion into the annual crime statistics.

The rulemaking committee defines counselors as:

Pastoral Counselor

An employee of an institution, who is associated with a religious order or denomination, recognized by that religious order or denomination as someone who provides confidential counseling and who is functioning within the scope of that recognition as a pastoral counselor. The Massachusetts Maritime Academy does not employ pastoral counselors; however, the Division of Student Services and the Office of Intercultural Engagement serve as the liaison between the Academy and the private religious organizations and advisers who provide pastoral counseling and other religious services for our students.

Professional Counselor

An employee of an institution whose official responsibilities include providing psychological counseling to members of the institution’s community, and who is functioning within the scope of his or her license or certification.

The Department of Public Safety has a cooperative relationship with on-campus counselors and may receive confidential, anonymous reports (that do not contain any personally identifying information) regarding Clery Act crimes. When applicable, these reports are added to the crime statistics contained within this annual report.

 

In accordance with the Clery Act, Massachusetts Maritime Academy has designated certain employees as Campus Security Authorities. The term “Campus Security Authority” is defined as:

  • A campus police department or a campus security department of an institution; Any individual or individuals who have responsibility for campus security but who do not constitute a campus police department or a campus security department (e.g., an individual who is responsible for monitoring the entrance into institutional property);
  • Any individual or organization specified in an institution’s statement of campus security policy as an individual or organization to which students and employees should report criminal offenses;
  • An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline and campus judicial proceedings.
  • An official is defined as any person who has the authority and the duty to act or respond to particular issues on behalf of the institution. For example, staff responsible for campus student housing, a student center, or student extra-curricular activities; a director of athletics, coaches and trainers, faculty advisors to student groups, and staff responsible for student discipline and campus judicial staff.

Effective Fall 2021, Campus Security Authorities at Massachusetts Maritime Academy are required to complete an online training program which educates them on their responsibilities under the Clery Act. The training is available online at https://www.maritime.edu/health-safety/safety/students. All crimes that are reported to or witnessed by CSA’s must be reported to Public Safety in accordance with the law.

How Should CSA’s Report Crimes?

The CSA Crime Report Form is accessible at https://www.maritime.edu/health-safety/safety. Reports must be entered in a timely manner. Please refer to the following instructions when considering how you, as a CSA, should be reporting crimes:

  1. If the reported incident constitutes a threat to the safety of the Academy community, in addition to completing a report form, the Campus Security Authority (CSA) shall immediately call 911. A CSA Crime Report Form shall be completed and submitted when it is safe to do so.
  2. Confidential and anonymous CSA reports are accepted. However, if the reporting party is a victim of a sex offense, he/she shall also be encouraged to report the crime directly to the Department of Public Safety, the Office of the Commandant of Cadets/Dean of Students, or one of our Title IX Coordinators.
  3. While second hand (third party) reports are inherently unreliable and are difficult to verify, such reports shall also be accepted. The potential for duplication of reported incidents shall not be a factor in determining whether or not a report is taken.
  4. Clery Act reporting, via the CSA Crime Report form, does not replace or change any existing reporting requirements or procedures for disciplinary referrals or misconduct.
  5. Hate Crimes present a special reporting challenge. CSA’s are to document each reported Hate Crime occurrence and the related category of prejudice.

Any questions regarding Campus Security Authorities, or general questions about the Clery Act, can be directed to:

Chief Christopher Slattery

Massachusetts Maritime Academy Department of Public Safety 508-830-5238

cslattery@maritime.edu

It is the policy of Massachusetts Maritime Academy that all crimes should be reported to the Academy’s Department of Public Safety. Anyone who is the victim or witness to a crime on campus is encouraged to promptly report the incident to the Department of Public Safety. Police reports are a Public Record under state law, and therefore, the Department of Public Safety cannot hold all reports of crime in confidence. All reports of crime will be investigated by the Academy Department of Public Safety. When appropriate, violations of the law will be referred to the Office of the Commandant of Cadets/Dean of Students for review, as well as to the campus Title IX Coordinator.

Due to the sensitive nature of certain types of crime, victims of sexual assault, domestic/dating violence and stalking may choose to confidentially report crimes to Counseling Services or Health Services. The purpose of a confidential report is to comply with your wish to keep the matter confidential, while taking steps to ensure the future safety of yourself and others. With such information, the Academy can keep an accurate record of the number of incidents involving students, employees, and visitors; determine where there is a pattern of crime with regard to a particular location, method, or assailant; and alert the campus community to potential dangers. Reports filed in this manner are counted and disclosed in the annual crime statistics for the institution. Reporting procedures applicable to allegations of sexual assault, dating/domestic violence and stalking are further discussed later in this report and can be found at the Academy’s Title IX Webpage: https://www.maritime.edu/health-safety/title-ix/reporting
When a potentially dangerous threat to the Academy community arises, alerts will be issued to notify individuals of the threat in a timely manner. These alerts will also inform the community of any recommended action to be taken (see Timely Warning Policy, Section 2).

The purpose of this policy is to comply with the Department of Education requirements regarding timely notice of certain events as described in 20 U.S.C. s. 1092(f), known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crimes Statistics Act. These acts, along with the Higher Education Reauthorization Act (2008), involving any incidents that have occurred on or near campus, require campus police officers to keep the institution informed in a timely manner of crimes that may pose a serious or continuing threat to students and employees. Crime alerts will be distributed as soon as pertinent information is available, in a manner that withholds the names of victims as confidential, and with the goal of aiding in the prevention of similar occurrences.

The Academy’s Department of Public Safety is responsible for issuing Crime Alerts in compliance with the Clery Act. In the event of a reported crime which may pose a serious or on-going threat to members of the Academy community, these alerts are written by Department of Public Safety Command staff members, and issued to keep the campus community informed about safety and security matters. The decision to issue a Crime Alert is made on a case-by-case basis in light of all the factors surrounding an incident, including factors such as the nature of the crime, the continuing threat to the campus community, whether the Department received a report of the crime in a timely manner, and the possible risk of compromising law enforcement efforts. Crime Alerts are typically considered for issuance for the following Uniformed Crime Reporting Program (UCR)/National Incident Based Reporting System (NIBRS) crime classifications: major incidents of arson, aggravated assault, and criminal homicide, robbery, and sex offenses. Cases of aggravated assault and sex offenses are considered on a case-by-case basis, depending on the facts of the case and the information known by the Department.

Crime Alerts may also be posted for other crime classifications as deemed necessary. To issue a Crime Alert the Academy police informs the campus community via a campus-wide email which is addressed to students, faculty and staff. This email indicates that a Crime Alert has been issued and may provide a link to the Department of Public Safety Crime Alert web page at https://www.maritime.edu/health safety/safety.

In addition to these Crime Alerts, Massachusetts Maritime Academy is able to issue campus-wide alerts via text-messaging and e-mail, to the campus community in the event of an imminent or ongoing threat to the community. Massachusetts Maritime Academy campus-wide alerts (known as “Rave Alerts” or “Maritime Alerts”) are disseminated, campus-wide, with the goal of notifying as manypeople as possible, as rapidly as possible (i.e., active threats, bomb threats, or a dangerous chemical spill, etc.) Text Alerts are sent to individuals who subscribe to the Academy’s RAVE notification system.

All students, faculty and staff are encouraged to sign up to receive these notices by going to https://www.maritime.edu/health-safety/safety/students. To learn more about the program please go to https://www.maritime.edu/health-safety/safety/students.

It is the responsibility of the Training Ship’s Captain to issue Crime Alerts aboard the T/S Kennedy. These Crime Alerts will be issued by an announcement on the vessel’s public address system, and when deemed necessary, posters and signage throughout the vessel.

All members of the Academy community are strongly encouraged to notify the MMA Department of Public Safety of any situation or incident on campus that involves a significant emergency or dangerous situation that may involve an immediate or ongoing threat to the health and safety of students and/or employees on campus. The MMA Department of Public Safety has the responsibility of responding to, and summoning the necessary resources to mitigate, investigate, and document any situation that may cause a significant emergency or dangerous situation. In addition, the Department of Public Safety has the responsibility to respond to such incidents to determine if the situation does in fact, pose a threat to the community. If that is the case, Federal Law requires that the institution immediately notify the campus community or the appropriate segments of the community that may be affected by the situation.

In the event of an emergency situation that poses an immediate threat to the health and safety of the members of the Academy community, the Academy has various systems in place for communicating information quickly.

Some or all of these methods of communication may be activated in the event of an immediate threat to the Academy campus community. These methods of communication include network emails, emergency text messages that can be sent to a phone or other device (individuals can sign up for this service at: https://www.maritime.edu/health-safety/safety/students and outdoor sirens and PA system. In the event a situation requires the activation of the Academy’s emergency notification system, updates may be sent using some or all of the communication systems described above and will be available on the Massachusetts Maritime Academy Alerts web site (https://www.maritime.edu/health-safety/safety).

The Department of Public Safety receives information from various offices/departments on campus. Once Public Safety can confirm the event, usually in conjunction with key administrators on campus, local first responders and/or the national weather service, that there is an emergency or dangerous situation that poses an immediate threat to the health or safety of some, or all, members of the Academy community, the Department of Public Safety will publish a notification. This is often in collaboration with members of the Academy’s Emergency Management Team, when appropriate, to determine the content of the message. The Department of Public Safety will use some or all of the notification systems to communicate the threat to the Academy community or to the appropriate segment of the community, if the threat is limited to a particular building or segment of the population.

Public Safety will, without unnecessary delay and considering the safety of the community, determine the content of the notification and initiate the notification system, unless issuing notification will compromise the efforts to assist a victim or to contain, respond to, or otherwise mitigate the emergency.

All students, faculty and staff are encouraged to sign up to receive these notices by going to https://www.maritime.edu/health-safety/safety/students.

To learn more about the program please go to https://www.maritime.edu/health- safety/safety/students.

While aboard the T/S Kennedy, Emergency Notifications and Signals will be compliant with 46 CFR § 169.815 - Emergency signals. In cases involving Fire and Emergency, there will be a prolonged blast of the ship’s whistle of no less than 10 seconds supplemented by a continuous ringing of the general alarm bells of not less than 10 seconds. In cases where the Captain deems that it is necessary to Abandon Ship, there will be a succession of more than 6 short blasts followed by one prolonged blast on the ship’s whistle and supplemented by a comparable signal on the general alarm bells. Students, faculty and staff are educated of these signals prior to boarding the vessel. These signals are listed on the vessel's Station Bill, which is distributed throughout the vessel. Each person also receives a billet card, located next to their sleeping quarters, which also discusses the ship’s emergency signals.

System to Use

Primary Message Creator

Backup Message Creator

Authority for Approving & Sending Messages

Primary Message Sender

Backup Message Sender

PRIMARY METHODS

Network Email

Chief of Police

Senior Police Officer on duty

Chief of Police

Senior Police Officer on duty

VP for Student Services or designee

 

Text Messaging System

(RAVE)

Chief of Police

Senior Police Officer on duty

Chief of Police

Senior Police Officer on duty

VP for Student Services or designee

SECONDARY METHODS

Campus Media

Chief of Police

Senior Police Officer on duty

Chief of Police

Senior Police Officer on duty

VP for Student Services or designee

Face to Face Communication

Chief of Police

Senior Police Officer on duty

Chief of Police

Senior Police Officer on duty

VP for Student Services or designee

Message Boards

Chief of Police

Senior Police Officer on duty

Chief of Police

Senior Police Officer on duty

VP for Student Services or designee

Outdoor Sirens

Chief of Police

Senior Police Officer on duty

Chief of Police

Senior Police Officer on Duty

VP for Student Services or designee

PA Systems (campus)

Chief of Police

Senior Police Officer on duty

Chief of Police

Senior Police Officer on duty

VP for Student Services or designee

Ship’s Whistle (TS Kennedy)

Captain of Vessel

Chief Mate of Vessel

Captain of Vessel

Captain of Vessel

Senior Mate on Watch

PA Systems (TS Kennedy)

Captain of Vessel

Chief Mate of Vessel

Captain of Vessel

Captain of Vessel

Senior Mate on Watch

Academy departments are responsible for developing contingency plans and continuity of operation plans for their own staff and areas of responsibility. The Department of Public Safety conducts announced or unannounced emergency response exercises each year, such as field exercises and tests of the emergency notification systems on campus. These tests are designed to assess and evaluate the emergency plans and capabilities of the institution.

Public Safety officers have received training in Incident Command and Responding to Critical Incidents on campus. When a serious incident occurs that causes an immediate threat to campus, the first responders to the scene are usually the Department of Public Safety, Bourne Police and

Bourne Fire Department who typically respond and work together to manage the incident. Depending on the nature of the incident, other Massachusetts Maritime Academy departments and other local or federal agencies could also be involved in responding to the incident.

General information about the emergency response and evacuation procedure for the Academy is publicized each year as part of the Academy’s Clery Act compliance effort and that information is available on the Department of Public Safety website. Detailed information about, and updates on, Emergency Alerts are available on the website at: https://www.maritime.edu/health- safety/safety/students.

Procedure for Testing Emergency Response and Evacuation

The purpose of evacuation drills is to prepare building occupants for an organized evacuation in case of an emergency. At Massachusetts Maritime Academy, evacuation drills are used as a way to educate and train occupants on issues specific to their building. During the drill, occupants ‘practice’ drill procedures and familiarize themselves with the location of exits and the sound of the fire alarm. In addition to educating the occupants of each building about the evacuation procedures during the drills, the process also provides the Academy the opportunity to test the operation of fire alarm system components.

An evacuation drill is coordinated by the Department of Public Safety each semester for all dormitories on campus. Thus, the emergency response and evacuation procedures are tested at least twice each year. Students learn the locations of the emergency exits in the buildings and are provided guidance about the direction they should travel when exiting each dormitory for a building evacuation. The Department of Public Safety does not tell residents in advance about the designated locations for long-term evacuations because those decisions are affected by time of day, location of the building being evacuated, the availability of the various designated emergency gathering locations on campus, and other factors such as the location and nature of the threat. In both cases, Public Safety staff and staff from the Office of the Commandant of Cadets/Dean of Students on the scene will communicate information to students regarding the developing situation or any evacuation status changes. The primary gathering location for cadets is the Parade Field.

All Company Officers and Ensigns (residence life staff in the Office of the Commandant of Cadets/Dean of Students) are trained in evacuation and shelter-in-place procedures and act as an on- going resource for the students living in residential facilities.

The Department of Public Safety coordinates announced and unannounced evacuation drills each semester, as described above, to test the emergency response and evacuation procedures, and to assess and evaluate the emergency evacuation plans and capabilities.

The Department of Public Safety performs Active Threat drills and exercises for all Police Officers. Officers also provide Active Threat presentations to faculty, staff and students. An active threat refers to any incident which creates an immediate threat or presents an imminent danger to the campus community such as a shooter or hostage situation.

The Academy conducts table top and real time exercises as to test emergency preparedness, business continuity and disaster recovery plans, often in conjunction with Bourne Fire Department, Massachusetts State Police, and the Massachusetts Emergency Management Agency in addition to other agencies in the local community.

When students begin to board the T/S Kennedy for the annual Sea Term, the Captain will conduct multiple fire and boat drills prior to getting underway. These are practiced and, then, demonstrated for observation by the United States Coast Guard. Once underway, fire & boat drills take place weekly.

Active Threat Guidelines

We encourage members of the campus community to review these guidelines in the event of an emergency. An active threat refers to any incident which creates an immediate threat or presents an imminent danger to the campus community such as a shooter or a hostage situation. Taking the time now to review these guidelines increases your ability to respond in the event of an emergency.

If you can evacuate the building – RUN

Stick figure running "if a safe path is available"
  1. Try to stay calm and determine the location of the threat.
  2. Call 911 as soon as possible, although escaping is your priority.
  3. If a safe exit does exist, take it as quickly as possible.
  4. Continue running until you are well cleared from the location of the threat. Find a safe location and call 911 to tell the police of your location.

If the only exit is through a window, consider the consequences of the fall: How high are you from the ground?

Can you land in shrubs or grass to decrease the potential for serious injury? Can you make an improvised rope out of clothing, belts or other items?

If you cannot evacuate the building – HIDE

Stick figure hiding under table "If you cant get out safely"
  1. Try to stay calm and determine the location of the threat.
  2. Take shelter in the nearest office, classroom, closet or other area which can be secured. Barricade the door using desks, bookshelves, or other heavy objects. If the door opens outward, attach one end of a belt to the door handle and the other end to a heavy object.
  3. If the door has a window, cover it.
  4. Look for other possible escape routes, such as windows, other doors.
  5. Call 911 and tell them what is happening. Speak quietly and then set your cell phone to vibrate or silent.
  6. Stay low to the ground and remain as quiet as possible.
  7. Once in a secure location, do not open the door for anyone. Do not approach police officers as they attempt to locate and neutralize the threat.
  8. The police officers will return to assist you once the threat has been neutralized.
  9. When Academy police officers arrive, obey all commands. You may be asked to keep your hands in the air, you may even be handcuffed until the police assess the situation. These steps are taken for safety reasons.

If an active threat is in your presence – FIGHT

stick figure holding up fists "only as a last resort"

If you are with a group, as an action of last resort, you might choose to take the offensive:

  • If the shooter is entering the room, position yourself in a location that allows for an element of surprise.
  • Throw anything available at the threat. Aim for the face to distract him/her.
  • Attack as a group, swarming around the threat.
  • Grab the threat’s arms, legs or head and take him/her to the ground. Use body weight to secure him/her.
  • “Fight dirty” – kick, bite, gouge eyes.
  • Have somebody in the group call 911.
  • When Academy police officers arrive, obey all commands. You may be asked to keep your hands in the air, you may even be handcuffed until the police assess the situation. These steps are taken for safety reasons.

If you have incapacitated the threat

  1. Make sure the suspect is secured (body weight, belts, etc.)
  2. Move any weapons away from the threat.
  3. Do not hold a weapon.
  4. Call 911 and advise law enforcement that the threat/shooter is down.
  5. Provide your location and stay on the line if possible.
  6. When Academy police officers arrive, obey all commands. You may be asked to keep your hands in the air, you may even be handcuffed until the police assess the situation. These steps are taken for safety reasons.

What it Means to “Shelter-in-Place”:

If an incident occurs and the buildings or areas around you become unstable, or if the air outdoors becomes dangerous due to toxic or irritating substances, it is usually safer to stay indoors, because leaving the area may expose you to that danger. Thus, to “shelter-in-place” means to make a shelter of the building that you are in, and with a few adjustments this location can be made even safer and more comfortable until it is safe to go outside.

Basic “Shelter-in-Place” Guidance:

If an incident occurs and the building you are in is not damaged, stay inside in an interior room until you are told it is safe to come out. If your building is damaged, take your personal belongings (purse, wallet, student ID card, etc.) and follow the evacuation procedures for your building

(close your door, proceed to the nearest exit, and use the stairs instead of the elevators). Once you have evacuated, seek shelter at the nearest Academy building quickly. If public safety, police or fire department personnel are on the scene, follow their directions.

How You Will Know to “Shelter-in-Place”:

A shelter-in-place notification may come from several sources, including MMA Department of Public Safety, Vice President for Student Services, Commandant of Cadets/Dean of Students, Company Officers, other Academy employees, federal or local government officials, local police agencies, or other authorities utilizing the Academy’s emergency communications tools.

How To “Shelter-In-Place”:

No matter where you are, the basic steps of shelter- in-place will generally remain the same. Should the need ever arise, follow these steps, unless instructed otherwise by local emergency personnel:

  1. If you are inside, stay where you are. Collect any emergency shelter-in-place supplies and a telephone to be used in case of emergency. If you are outdoors, proceed into the closest building quickly or follow instructions from emergency personnel on the scene.
  2. Locate a room to shelter inside. It should be:
    • An interior room;
    • Above ground level; and
    • Without windows or with the least number of windows.
    • If there is a large group of people inside a particular building, several rooms may be necessary.
  3. Shut and lock all windows (tighter seal) and close exterior doors.
  4. Turn off air conditioners, heaters, and fans.
  5. Close vents to ventilation systems as you are able. (Academy staff will turn off the ventilation as quickly as possible.)
  6. Turn on a radio or TV, if available, and listen for further instructions.
  7. Make yourself comfortable.

If you are interested in training on this topic, contact Chief Slattery at cslattery@maritime.edu

The Academy’s Operations Department maintains all Academy building grounds with a special concern for safety and security. Personnel conduct inspections to identify lighting deficiencies and make recommendations for repairs to security/safety equipment such as broken locks, windows and fire safety equipment.

Access to academic and administrative facilities on campus is generally limited to students, employees, and visitors for the purpose of study, work, teaching, and to conduct other Academy business.

Each academic building has established its hours based on the needs of specific academic departments. Access points to all campus buildings (academic and not academic) have security cameras; however, buildings are not actively monitored by police or security personnel. MMA Police Officers provide random patrols of all non-residential facilities 24 hours a day.

All Massachusetts Maritime Academy dormitories are locked 24 hours per day. Further, card access to exterior doors to each company is shut off from 2200 hours until 0600 hours, requiring all cadets to enter the dormitories through a central point (the Cadet Information Center). Assigned watch patrols are assigned to the Cadet Information Center (CIC) from 4pm-8am the following day, Monday through Thursday and from 4pm on Friday until 8am on Monday.

MMA Department of Public Safety officers conduct patrols of the exterior areas of the dormitories, and check in regularly with the duty staff at the CIC.

Working with representatives from Operations, Facilities, Information Technology, the Vice President for Student Services, staff from the Office of the Commandant of Cadets/Dean of Students, the Department of Public Safety staff strive to enhance security for campus facilities with the implementation of a state-of-the-art card access system and secondary locking devices.

These systems help ensure that faculty, staff, and students with the proper authorization, are granted access to Academy resources after established business hours.

Mariners Inn

Massachusetts Maritime Academy leases a property for student housing called Mariners Inn. It is situated in the Town of Wareham and is located at 3224 Cranberry Highway, Wareham, MA 02571. Mariner’s Inn is 0.9 miles from the main campus and for the purpose of Clery reporting it is referred to as On-Campus Student Housing. It is a former hotel. The property consists of a main building

and small annex building. Maximum housing capacity is 77 cadets. Security cameras monitor, both, the interior and exterior of the property. Room access is through an electronic card swipe system and access to the main common area requires a hard key.

An Ensign (aka, a Resident Assistant) from the Office of the Commandant of Cadets/Dean of Students resides at the property and is responsible for maintaining good order and discipline.

Statement of Policy Addressing Safety and Security in the Dormitories

Students at Massachusetts Maritime Academy are trained to contact the Academy Staff Duty Officer (ASDO) when there are significant issues that arise. The ASDO is an on campus/on call full-time Academy administrator, who are available to assist students of safety and security matters.

In addition to the ASDO, the Department of Public Safety has an Officer on watch at all times that is to be contacted by the ASDO if there are any violations of law.

Security Cameras

The Department of Public Safety seeks to enhance public safety and security by utilizing security cameras, in a professional and ethical manner, consistent with accepted legal rights of privacy. Currently, there are 120 security cameras in use, 40% of which are installed in and around dormitories.

Statement of Policy Addressing Safety and Security at Mariner’s Inn

The Commandant of Cadets/Dean of Students manages housing assignments, on-call duty rotation and protocols for seniors who are selected to live in our Academy-managed, Mariner’s Inn property. Public Safety personnel do provide law enforcement services to students who live at Mariner’s Inn; the property can house up to 77 students in 2-3-person apartments and one Ensign (aka, Resident Assistant, whose function is similar to a traditional Hall Director, resides on site at the property when students are in residence). This property is considered an “On-Campus” location for reporting purposes; the Department of Public Safety collects Clery crime data for that geographic location from the Wareham Police Department, and these statistics are included within this document under the “On Campus” as well as the “Student Housing” category.

Statement of Policy Addressing the Monitoring and Recording of Student Conduct

The Academy must consider student conduct, whether on or off campus, that is disruptive of good community relations or which interferes with, impairs or obstructs the Academy’s mission, functions and processes, or that are found to be offensive to generally accepted standards of sound behavior, as harmful and adverse to the Academy’s interests. Due of this, our local police departments make every effort to inform the Academy of off-campus criminal activity involving our students. If a violation of law occurs on or off campus, which is also a violation of Academy or local regulations, the Academy may institute proceedings against the offender(s).

In 2003 President George W. Bush signed into law “Suzanne’s Law,” requiring police to notify the National Crime Information Center (NCIC) when someone between 18 and 21 is reported missing, as part of the national “Amber Alert” bill http://www.amberalert.gov

If a member of the Academy community has reason to believe that a student who resides in on- campus housing is missing, he or she should immediately notify the Department of Public Safety at 508-830- 5238. Depending on the circumstances, Public Safety will generate a missing person report and initiate an investigation.

In addition to registering a general emergency contact, students residing in on-campus housing have the option to identify “confidentially” an individual to be contacted by the the Department of Public Safety in the event the student is determined to be missing for more than 24 hours. If a student has identified such an individual, Public Safety will notify that individual no later than 24 hours after the student is determined to be missing. If a student has identified such an individual, Public Safety will notify that individual no later than 24 hours after the student is determined to be missing. A student who wishes to identify a confidential contact can do so through the student Self Service portal.

A student’s confidential contact information will be accessible only by authorized campus officials and law enforcement in the course of the investigation.

After investigating a missing person report, should the Department of Public Safety determine that the student has been missing for 24 hours, Public Safety will notify the student’s emergency contact no later than 24 hours after the student is determined to be missing. If the missing student is under the age of 18 and is not an emancipated individual, Public Safety will notify the student's parent or legal guardian immediately after Public Safety has determined that the student has been missing for 24 hours. Regardless of whether the student has identified a contact person, is above the age of 18, or is an emancipated minor, the law enforcement agency that has jurisdiction in the area where the student is missing must be notified within 24 hours.

Substance abuse and its related consequences undermine Massachusetts Maritime Academy’s goals of academic success and civility. All students/employees at the Massachusetts Maritime Academy are expected to abide by all Federal, State and local laws, including those regulating the use, possession, sale, distribution, manufacture and cultivation of illicit drugs and alcohol. In addition, Congress amended Title XII of the Higher Education Act of 1965 by adding a section pertaining to Drug Free Schools and Campuses. Under this new amendment any institution receiving federal funds, including federal student loan programs, must adopt and implement policies to prevent the use of illegal drugs and alcohol by students and employees.

Financial aid penalties for drug offenses: Beginning on July 1, 2000 the 1998 amendments to the Higher Education Act require the suspension of eligibility for financial aid for students convicted of drug related offenses. The length of suspension of eligibility for financial aid is not less than one year and varies depending on the nature of the offense. Full details are available from the office of student financial assistance.

Massachusetts Maritime Academy is committed to promoting a climate which supports academic and personal growth and success and the well-being of all members of the academic community. To safeguard and promote a healthy academic and living environment, the Academy promulgates rules and regulations for the behavior of all members of the community. These are outlined in several major policy statements i.e., the Code of Student Conduct, the Hazing Policy, the Alcohol and Other Drug Policies, etc. Copies of these campus regulations are available in the Office of the Commandant of Cadets/Dean of Students and on the web at: https://www.maritime.edu/catalogs.

Health risks associated with alcohol and other drug consumption include impaired judgment, vision, speech, coordination, memory, sensation and perception. Long-term use of alcohol and other drugs can negatively impact many of the body's systems, and cause physical and psychological dependence.

It is the responsibility of each member of this community to understand and comply with all campus rules and regulations. These regulations include all federal, state and local laws including the Drug Free Schools and Community Act of 1989, the Drug Free Workplace Act of 1988 and the Higher Education Act (as amended in 1998). It is the responsibility of every member of the campus community to know and abide by all campus rules and regulations, to understand the risks associated 30 with the use and abuse of alcohol and other drugs, and to assist in creating an environment that promotes health-enhancing attitudes and activities.

All residential students must present a pre-enrollment drug free certificate prior to matriculation and participate in a random drug testing program. Pre-employment drug testing is performed on new fulltime faculty and staff. Further, faculty and staff serving in safety-sensitive positions, as defined by the U.S. Coast Guard, must participate in the Academy random drug testing program.

Any violation of the rules and regulations outlined in Academy’s Regimental Manual or violation of federal, state or local laws shall subject the cadet to the Academy’s disciplinary process, regardless of any criminal proceedings.

This policy pertains to alcohol and other drug use behaviors in dormitories and all other Academy premises. All members of the Academy community, including students not residing on campus, are responsible for obtaining and adhering to this policy while in Academy-approved housing or otherwise on Academy property.

The full text of the Academy’s Alcohol and Drug Policy can be found via appendix B of the Regimental Manual.

The possession, sale or the furnishing of alcohol on the Academy campus is governed by both Academy Alcohol Policies and Massachusetts state law. Laws regarding the possession, use, sale, consumption or furnishing of alcohol is controlled by the Department of Alcohol and Beverage Control (ABC); however, the enforcement of alcohol laws on-campus is the primary responsibility of the Department of Public Safety. The possession, use, sale, manufacture or distribution of any controlled substance is illegal Massachusetts Maritime Academy Department of Public Safety under both state and federal laws. Such laws, including underage drinking laws are strictly enforced by the Department of Public Safety. Violators are subject to Academy disciplinary action, criminal prosecution, fine and imprisonment. It is unlawful to sell, furnish or provide alcohol to a person under the age of 21. The possession of alcohol by anyone under 21 years of age is illegal.

The Massachusetts Maritime Academy campus has been designated “Drug Free”. The possession, use, sale, manufacture or distribution of any controlled substance is illegal under both state and federal laws. Such laws are strictly enforced by the Department of Public Safety. Violators are subject to arrest, criminal prosecution, Academy disciplinary action, fine and imprisonment.

Possession of firearms on Academy property is regulated under MGL, Chapter269, Section 10j. Firearms of any type, assembled or disassembled, ammunition, knives, machetes, javelins, martial arts devices, clubs, or any device which can be considered hazardous to the welfare of members of the Academy community are strictly prohibited on campus. Any violation of state laws or town ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons will result in prosecution and will be subject to severe disciplinary action, up to, and including, dismissal from the Academy.

Consistent with their commitment, the Academy does not discriminate on the basis of sex in the educational program or activity that they operate, and are required by Title IX of the Education Amendments of 1972 “Title IX”) to not discriminate in such a manner. The requirement not to discriminate in the education program or activity extends to admission and employment. Inquiries about the application of Title IX to the Academy may be referred to each respective institution’s Title IX Coordinator, to the Assistant Secretary of the Office for Civil Rights, or both.

Massachusetts Maritime Academy does not discriminate on the basis of sex in its educational programs; sexual harassment and sexual violence are types of sex discrimination. Other acts can also be forms of sex-based discrimination and are also prohibited whether sexually based or not and include dating violence, domestic violence, and stalking. As a result, Massachusetts Maritime Academy issues this statement of policy to inform the community of our comprehensive plan addressing sexual misconduct, educational programs, and procedures that address sexual assault, domestic violence, dating violence, and stalking, whether the incident occurs on or off campus and when it is reported to an Academy official. In this context, The Academy prohibits the offenses of domestic violence, dating violence, sexual assault and stalking and reaffirms its commitment to maintain a campus environment emphasizing the dignity and worth of all members of the Academy community.

For a complete copy of Massachusetts Maritime’s policy and procedures prohibiting sexual misconduct visit: https://www.maritime.edu/human-resources/title-ix/policies-definitions 

The Academy has always prioritized its efforts to combat sexual harassment and sexual violence by providing both proactive and reactive resources to ameliorate the devastating effects on victim/survivors and on our campus community as a whole. Additionally, the Academy has a Title IX Coordination Team to further evaluate, coordinate and address sexual harassment and sexual violence on campus.

The Title IX Coordination Team is comprised of the co-coordinators of Title IX from the Division of Student Services and the Division of Human Resources. These members work together closely to review and evaluate specific incidents of sexual harassment and sexual violence to assure resources and responses are holistically coordinated while ensuring that both education and training is provided across the Academy.

Anyone can be a target of sexual violence, whether you identify as male, female, or transgender; straight, queer, or questioning. The resources listed within this report are available to all members of our community.

 

Ms. Lauren Salem

(for student-centered complaints) COMCAD office

508- 830-5148

lsalem@maritime.edu

Ms. Elizabeth Benway

(for complaints involving faculty, staff, or guests) Human Resources, Harrington Building

508- 830-5086

ebenway@maritime.edu

 

For any questions or to report a Title IX matter community members can contact the Title IX Co Coordinator or utilize one of the resources listed below:

Confidential Campus Resources:

Unless there is an imminent risk of serious harm, a confidential resource will not share information without your express consent. They provide a safe space for you to discuss your options, learn about resources, and discuss any concerns before deciding to take next steps. Without additional directive by you, these discussions will not result in the initiation of any investigative or disciplinary action.

Contact Phone Number Drop In Available? Location Email

Counseling Services

508-830-5180
Yes
3rd Company, 00 Deck

counseling@maritime.edu

Health Services

508-830-5048
Yes
4th Company, 00 Deck

nurse@maritime.edu

 

Confidential resources will share non-identifiable information to the Department of Public Safety for Clery Reporting purposes in their role as Campus Security Authorities (CSA). If a timely notice needs to be sent to the campus to protect community safety, the Department of Public Safety will be notified. Incidents are aggregated without identifying information and reported in the Clery Crime Log.

Private Campus Resources

A private resource will respect the privacy of the persons involved and will share information only as necessary with other Academy personnel to conduct appropriate follow-up support, services, safety and accommodations.

Contact Number

Commandant of Cadets/Dean of Students

508-830-5168

Title IX Coordinator for Students

508-830-5148

Title IX Coordinator for Faculty, Staff, & Visitors

508-830-5086

 

Confidential Community Resources

**Off Campus Resources will never share your information or disclosure with the Academy**

  • A Safe Place, Nantucket: 508-228-2111 Hotline, 508-228-7095 TTY
  • Cape Cod Shelter & Domestic Violence Services (508) 564-7233
  • Independence House, Hyannis: (508) 771-6702 or Hotline 800-439-6507
  • Independence House, Falmouth: (508) 548-0533 or Hotline 800-439-6507
  • Martha’s Vineyard Community Services, Oak Bluffs: (508) 693-0032 Hotline or (774) 549-9659 TTY
  • The Women’s Center, Greater New Bedford: Hotline (508)999-6636 or (508) 996-1177 TTY
  • The Women’s Center, Fall River: Hotline (508) 996-3343 or (508) 996-1177 TTY
  • New Hope, Attleboro: 800-323-4673 Hotline/TTY
  • The Women’s Center, Fall River: 508-672-1222 Hotline, 508-999-6636; TTY 508-996-1177
  • A New Day, Brockton: 508-588-8255 Hotline, 508-588-8255 or toll free at 888-293-7273
  • National Sexual Assault Hotline: 800-656-4673 (24 hour) https://www.rainn.org/aboutnational-sexual-assault telephone-hotline
  • RAINN [Rape Abuse & Incest National Network]: 800-656-4673 (Hotline) www.rainn.org (On-Line Live Chat)
  • National Suicide Prevention Lifeline: 800-273-8255 (Hotline)
  • Crisis Text Line for People of Color: Text STEVE to 741741
  • The Trevor Project (LGBTQ Suicide Hotline): 866-488-7386
  • Trans Lifeline: 877-565-8860
  • Our Deaf Survivors Center: VP 978-451-7225, Text 978-473-2678

Definitions

Consent is defined in the state Academy’s Equal Opportunity, Diversity & Affirmative Action Plan 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.

Sexual Assault: “Sexual assault” means an offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting system. Per the National Incident-

Based Reporting System User Manual from the FBI UCR Program, A sex offense is any act directed against another person without the consent of the victim including instances where the victim is incapable of giving consent.

  • Rape is defined as 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, without the consent of the victim.
  • Fondling is defined as the touching of the private parts of another person for the purposes of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
  • Incest is defined as non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Statutory Rape is defined a non-forcible sexual intercourse with a person who is under the statutory age of consent.

Massachusetts’ Criminal Law also defines Sexual Assault under the statute contained in Ch. 265 § 22: Rape

Section 22.

  1. Whoever has sexual intercourse or unnatural sexual intercourse with a person, and compels such person to submit by force and against his will, or compels such person to submit by threat of bodily injury and if either such sexual intercourse or unnatural sexual intercourse results in or is committed with acts resulting in serious bodily injury, or is committed by a joint enterprise, or is committed during the commission or attempted commission of an offense defined in section fifteen A, fifteen B, seventeen, nineteen or twenty-six of this chapter, section fourteen, fifteen, sixteen, seventeen or eighteen of chapter two hundred and sixty-six or section ten of chapter two hundred and sixty-nine shall be punished by imprisonment in the state prison for life or for any term of years. No person serving a sentence for a second or subsequent such offense shall be eligible for furlough, temporary release, or education, training or employment programs established outside a correctional facility until such person shall have served two-thirds of such minimum sentence or if such person has two or more sentences to be served otherwise than concurrently, two-thirds of the aggregate of the minimum terms of such several sentences.

 

  1. Whoever has sexual intercourse or unnatural sexual intercourse with a person and compels such person to submit by force and against his will, or compels such person to submit by threat of bodily injury, shall be punished by imprisonment in the state prison for not more than twenty years; and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term or years. Whoever commits any offense described in this section while being armed with a firearm, rifle, shotgun, machine-gun or assault weapon, shall be punished by imprisonment in the state prison for not less than ten years. Whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 15 years. No person serving a sentence for a second or subsequent such offense shall be eligible for furlough, temporary release, or education, training or employment programs established outside a correctional facility until such person shall have served two- thirds of such minimum sentence or if such person has two or more sentences to be served otherwise than concurrently, two-thirds of the aggregate of the minimum terms of such several sentences. For the purposes of prosecution, the offense described in subsection (b) shall be a lesser included offense to that described in subsection (a).

Domestic Violence: The term ‘‘domestic violence’’ means:

  1. Felony or misdemeanor crimes of violence committed —
    • By a current or former spouse or intimate partner of the victim;
    • By a person with whom the victim shares a child in common;
    • By a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
    • 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; or
    • By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
  2. For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Massachusetts’ Criminal Law also defines Domestic Violence under the statute contained in Ch. 209A § 1

Domestic Violence Definitions

Section 1.

As used in this chapter the following words shall have the following meanings:

“Abuse”, the occurrence of one or more of the following acts between family or household members:

  1. attempting to cause or causing physical harm;
  2. placing another in fear of imminent serious physical harm;
  3. causing another to engage involuntarily in sexual relations by force, threat or duress.

“Court”, the superior, probate and family, district or Boston municipal court departments of the trial court, except when the petitioner is in a dating relationship when “Court” shall mean district, probate, or Boston municipal courts.

“Family or household members”, persons who:

  1. are or were married to one another;
  2. are or were residing together in the same household;
  3. are or were related by blood or marriage;
  4. having a child in common regardless of whether they have ever married or lived together; or (e) are or have been in a substantive dating or engagement relationship, which shall be adjudged by district, probate or Boston municipal courts consideration of the following factors:

(1) the length of time of the relationship; (2) the type of relationship; (3) the frequency of interaction between the parties; and (4) if the relationship has been terminated by either person, the length of time elapsed since the termination of the relationship.

“Law officer”, any officer authorized to serve criminal process.

“Protection order issued by another jurisdiction”, any injunction or other order issued by a court of another state, territory or possession of the United States, the Commonwealth of Puerto Rico, or the

District of Columbia, or tribal court that is issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to another person, including temporary and final orders issued by civil and criminal courts filed by or on behalf of a person seeking protection.

“Vacate order”, court order to leave and remain away from a premise and surrendering forthwith any keys to said premises to the plaintiff. The defendant shall not damage any of the plaintiff’s belongings or those of any other occupant and shall not shut off or cause to be shut off any utilities or mail delivery to the plaintiff. In the case where the premises designated in the vacate order is a residence, so long as the plaintiff is living at said residence, the defendant shall not interfere in any way with the plaintiff’s right to possess such residence, except by order or judgment of a court of competent jurisdiction pursuant to appropriate civil eviction proceedings, a petition to partition real estate, or a proceeding to divide marital property. A vacate order may include in its scope a household, a multiple family dwelling and the plaintiff’s workplace. When issuing an order to vacate the plaintiff’s workplace, the presiding justice must consider whether the plaintiff and defendant work in the same location or for the same employer.

MGL c. 265 s.13M: Assault & Battery on a family or household member

  1. Whoever commits an assault or assault and battery on a family or household member shall be punished by imprisonment in the house of correction for not more than 2 ½ years or by a fine of not more than $5,000, or both such fine and imprisonment.

 

  1. Whoever is convicted of a second or subsequent offense of assault or assault and battery on a family or household member shall be punished by imprisonment in the house of correction for not more than 2 ½ years or by imprisonment in the state prison for not more than 5 years.

 

  1. For the purposes of this section, “family or household member” shall mean persons who: i. are or were married to one another;
    1. have a child in common regardless of whether they have ever married or lived together OR
    2. are or have been in a substantive dating or engagement relationship; provided, that the trier of fact shall determine whether a relationship is substantive by considering the following factors:
      • The length of time of the relationship;
      • The type of relationship;
      • The frequency of interaction between the parties;
      • Whether the relationship was terminated by either person;

AND

  • The length of time elapsed since the termination of the relationship.

For any violation of this section, or as a condition of a continuance without a finding, the court shall order the defendant to complete a certified batterer’s intervention program unless, upon good cause shown, the court issues specific written findings describing the reasons that batterer’s intervention should not be ordered or unless the batterer’s intervention program determination determines that the defendant is not suitable for intervention.

Dating Violence:

Dating violence is not defined specifically in Massachusetts’ State criminal law. The term ‘‘dating violence’’ means violence committed by a person:

  1. who is or has been in a social relationship of a romantic or intimate nature with the victim and
  2. The existence of such a relationship shall be based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

For the purposes of this definition-

  • Dating Violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
  • Dating violence does not include acts covered under the definition of domestic violence.
  • For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Stalking: The term “stalking” means

  1. engaging in a course of conduct 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.
  2. For the purposes of this definition—
    • Course of conduct means two or more acts, including, but not limited to, acts which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.
    • Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
    • Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
  3. For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Massachusetts’ Criminal Law also defines Stalking under the statute contained in Ch. 265 § 43: Stalking Section 43.

  1. Whoever:
    1. willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress, and
    2. makes a threat with the intent to place the person in imminent fear of death or bodily injury, shall be guilty of the crime of stalking and shall be punished by imprisonment in the state prison for not more than 5 years or by a fine of not more than $1,000, or imprisonment in the house of correction for not more than 21/2 years or by both such fine and imprisonment. The conduct, acts or threats described in this subsection shall include, but not be limited to, conduct, acts or threats conducted by mail or by use of a telephonic or telecommunication device or electronic communication device including, but not limited to, any device that transfers signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications.

 

  1. Whoever commits the crime of stalking in violation of a temporary or permanent vacate, restraining, or no-contact order or judgment issued pursuant to sections eighteen, thirty-four B, or thirty-four C of chapter two hundred and eight; or section thirty-two of chapter two hundred and nine; or sections three, four, or five of chapter two hundred and nine A; or sections fifteen or twenty of chapter two hundred and nine C or a protection order issued by another jurisdiction; or a temporary restraining order or preliminary or permanent injunction issued by the superior court, shall be punished by imprisonment in a jail or the state prison for not less than one year and not more than five years. No sentence imposed under the provisions of this subsection shall be less than a mandatory minimum term of imprisonment of one year. A prosecution commenced hereunder shall not be placed on file or continued without a finding, and the sentence imposed upon a person convicted of violating any provision of this subsection shall not be reduced to less than the mandatory minimum term of imprisonment as established herein, nor shall said sentence of imprisonment imposed upon any person be suspended or reduced until such person shall have served said mandatory term of imprisonment. A person convicted of violating any provision of this subsection shall not, until he shall have served the mandatory minimum term of imprisonment established herein, be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct under sections one hundred and twenty-nine, one hundred and twenty-nine C and one hundred and twenty-nine D of chapter one hundred and twenty-seven; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty seven of chapter two hundred and seventy-six relating to the power of the court to place certain offenders on probation shall not apply to any person seventeen years of age or over that is charged with a violation of this subsection. The provisions of section thirty-one of chapter two hundred and seventy-nine shall not apply to any person convicted of violating any provision of this subsection.

 

  1. Whoever, after having been convicted of the crime of stalking, commits a second or subsequent such crime shall be punished by imprisonment in a jail or the state prison for not less than two years and not more than ten years. No sentence imposed under the provisions of this subsection shall be less than a mandatory minimum term of imprisonment of two years. A prosecution commenced hereunder shall not be placed on file or continued without a finding, and the sentence imposed upon a person convicted of violating any provision of this subsection shall not be reduced to less than the mandatory minimum term of imprisonment as established herein, nor shall said sentence of imprisonment imposed upon any person be suspended or reduced until such person shall have served said mandatory term of imprisonment. A person convicted of violating any provision of this subsection shall not, until he shall have served the mandatory minimum term of imprisonment established herein, be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct under sections one hundred and twenty-nine, one hundred and twenty-nine C and one hundred and twenty-nine D of chapter one hundred and twenty-seven; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relating to the power of the court to place certain offenders on probation shall not apply to any person seventeen years of age or over that is charged with a violation of this subsection. The provisions of section thirty-one of chapter two hundred and seventy-nine shall not apply to any person convicted of violating any provision of this section

 

​​​​​​​How to be an effective Active Bystander

Bystanders play a critical role in the prevention of sexual and relationship violence. They are “individuals who observe violence or witness the conditions that perpetuate violence. They are not directly involved but have the choice to intervene, speak up, or do something about it.”

The Academy is working to promote a culture of community accountability where bystanders are actively engaged in the prevention of violence without causing further harm. Bystanders may not always know what to do even if we want to help. Below is a list of some ways to be an effective Active Bystander:

 

  1. Watch out for your friends and fellow students/employees. If you see someone who looks like they could be in trouble or need help, ask if they are ok.
  2. Confront people who seclude, hit on, try to make out with, or have sex with people who are incapacitated.
  3. Speak up when someone discusses plans to take sexual advantage of another person.
  4. Believe someone who discloses sexual assault, abusive behavior, or experience with stalking.
  5. Refer people to the resources listed in this document for support in health, counseling, or legal assistance.


Risk Reduction

With no intent to victim blame and with the full recognition that the only person(s) responsible for rape is the rapist, the following are some strategies to reduce one’s risk of sexual assault or harassment (from Rape, Abuse, & Incest National Network, www.rainn.org):

  1. Be aware of your surroundings, know where you are and who is around you may help you to find a way to get out of a bad situation.
  2. Avoid isolated areas, it is more difficult to get help if no one is around.
  3. Walk with purpose. Even if you don’t know where you are going, act like you do.
  4. Trust your instincts, if a situation or location feels unsafe or uncomfortable, it probably isn’t the best place to be.
  5. Try not to load yourself down with packages or bags as this can make you appear more vulnerable.
  6. Make sure your cell phone is with you and charged and that you have money for a taxi if needed.
  7. Don't allow yourself to be isolated with someone you don’t trust or someone you don’t know.
  8. Avoid putting music headphones in both ears so that you can be more aware of your surroundings, especially if you are walking alone.
  9. When you go to a social gathering, go with a group of friends. Arrive together, check in with each other throughout the evening, and leave together. Knowing where you are and who is around you may help you to find a way out of a bad situation.
  10. Trust your instincts. If you feel unsafe in any situation, go with your gut. If you see something suspicious, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.).
  11. Don't leave your drink unattended while talking, dancing, using the restroom, or making a phone call. If you’ve left your drink alone, just get a new one.
  12. Don't accept drinks from people you don't know or trust. If you choose to accept a drink, go with the person to the bar to order it, watch it being poured, and carry it yourself. At parties, don’t drink from the punch bowls or other large, common open containers.
  13. Watch out for your friends, and vice versa. If a friend seems out of it, is way too intoxicated for the amount of alcohol they’ve had, or is acting out of character, get him or her to a safe place immediately.
  14. If you suspect you or a friend has been drugged, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.). Be explicit with doctors so they can give you the correct tests (you will need a urine test and possibly others).
  15. If you need to get out of an uncomfortable or scary situation here are some things that you can try:
    • Remember that being in this situation is not your fault. You did not do anything wrong, it is the person who is making you uncomfortable that is to blame.
    • Be true to yourself. Don't feel obligated to do anything you don't want to do. "I don't want to" is always a good enough reason. Do what feels right to you and what you are comfortable with.
    • Have a code word with your friends or family so that if you don’t feel comfortable you can call them and communicate your discomfort without the person you are with knowing. Your friends or family can then come to get you or make up an excuse for you to leave.
  • Lie. If you don’t want to hurt the person’s feelings it is better to lie and make up a reason to leave than to stay and be uncomfortable, scared, or worse. Some excuses you could use are: needing to take care of a friend or family member, not feeling well, having somewhere else that you need to be, etc.
  1. Try to think of an escape route. How would you try to get out of the room? Where are the doors? Windows? Are there people around who might be able to help you? Is there an emergency phone nearby?
  2. If you and/or the other person have been drinking, you can say that you would rather wait until you both have your full judgment before doing anything you may regret later.


Procedures Victims Should Follow in the Case of Alleged Dating Violence, Domestic Violence, Sexual Assault or Stalking

The Massachusetts State Universities have adopted the following grievance procedures that provide for the prompt and equitable resolution of student and employee complaints alleging any action that would be prohibited by this policy. Unless otherwise specified, the provisions, rules, or practices in this grievance process for handling formal complaints of sexual harassment under Title IX apply equally to both parties.

Proceedings under the Title IX Complaint and Resolution Procedures shall be prompt, fair, and impartial, and be conducted by officials who receive annual training, as addressed in Article XV.

The Title IX Complaint and Resolution Procedures treat Complainants and Respondents equitably by:

  • Providing remedies to a Complainant where a determination of responsibility for sexual harassment has been made against the Respondent; and
  • Following an investigation and hearing process that complies with this section before imposing any disciplinary sanctions or other actions that are not supportive measures against a Respondent.

Remedies are designed to restore or preserve equal access to the Academy’s education program or activity. Such remedies may include the same individualized services described as “supportive measures”; however, remedies may be disciplinary or punitive and place burden on the Respondent.

The Title IX Complaint and Resolution Procedures include an objective evaluation of all relevant evidence, including both inculpatory and exculpatory evidence, and provides for credibility determinations that are not based on a person’s status as a Complainant, Respondent, or witness.

What will happen?

The Title IX Coordinator will undertake all such investigations involving students as respondents and Human Resources will undertake all such investigations, involving non-students as respondents. All parties involved in any aspect of this process will act at all times to preserve the privacy of these proceedings and individuals involved. Information will be shared with those individuals who have a legitimate and operational need to be informed, and to the extent that it is necessary to maintain the effectiveness of this process. Individuals found to have violated the confidentiality of this process may be subject to disciplinary proceedings consistent with the provisions of Code of Student Conduct, Sexual Harassment policy, collective bargaining agreement or other applicable administrative rules and regulations.


Preservation of evidence in sexual misconduct cases

Individuals who experience sexual misconduct are strongly encouraged to seek immediate medical attention in order to treat injuries, test for and treat sexually transmitted infections, test for pregnancy, and access emergency contraception (if requested). In addition, a hospital can perform a rape evidence collection procedure and test for “date rape” drugs.

In Massachusetts, evidence may be collected even if you choose not to make a report to law enforcement. It is important that a victim of sexual assault not bathe, douche, smoke, change clothing or clean the bed/linen/area where they were assaulted if the offense occurred within the past 72 hours so that evidence may be preserved that may assist in proving that the alleged criminal offense occurred/or is occurring or may be helpful in obtaining a protection order. A Sexual Assault Nurse Examiner (SANE) is available and qualified to do an examination if requested. In circumstances of sexual assault, if victims do not opt for forensic evidence collection, health care providers can still treat injuries and take steps to address concerns of pregnancy and/or sexually transmitted infection.

Victims of sexual assault, domestic violence, stalking, and dating violence are encouraged to also preserve evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs or other copies of documents, if they have any, that would be useful to Academy hearing boards/investigators or police. Although the Academy strongly encourages all members of our community to report violations of this policy to law enforcement, it is the victim’s choice whether or not to make such a report and victims have the right to decline involvement with the police. The Academy will assist any victim with notifying the MMA Department of Public Safety or local police if they so desire. As time passes, evidence may dissipate or become lost or unavailable, thereby making an investigation, possible prosecution, disciplinary proceedings, or obtaining protection from abuse orders related to the incident more difficult. If a victim chooses not to make a complaint regarding an incident, he or she nevertheless should consider speaking with the MMA Police Department or other appropriate law enforcement entity to preserve evidence in the event that the victim changes their mind at a later date.

Massachusetts Maritime Academy’s Procedures for Sexual Assault, Domestic Violence, Dating Violence, and Stalking

If you have been the victim of domestic violence, dating violence, sexual assault, or stalking you should report the incident promptly to the Title IX Coordinator and to the Department of Public Safety.

The Academy will provide resources, on-campus, off-campus or both, to include medical, health, counseling, visa and immigration assistance, legal assistance and victim advocacy to persons who have been victims of sexual assault, domestic violence, dating violence, or stalking, and will apply appropriate disciplinary procedures to those who violate this policy. The procedures set herein are intended to afford a prompt response to charges of sexual assault, domestic or dating violence, and stalking, to maintain privacy and fairness consistent with applicable legal requirements, and to impose appropriate sanctions on violators of this policy.

If a report of domestic violence, dating violence, sexual assault or stalking is reported to the Academy, below are the procedures that the Academy will follow as well as a statement of the standard of evidence that will be used during any judicial hearing on campus arising from such a report:

Sexual Assault

The procedure Massachusetts Maritime Academy will follow:

  1. Depending on when reported (immediate vs delayed report), the Academy will provide complainant with access to medical care.
  2. The Academy will assess immediate safety needs of Complainant.
  3. The Academy will assist complainant with contacting the MMA Department of Public Safety or local police, if complainant requests such.
  4. The Academy will provide Complainant with referrals both on and off campus resources.
  5. The Academy will assess the need to implement interim or long-term protective measures, such as housing changes, changes in class schedule, or a “No Contact” directive between both parties.
  6. The Department of Public Safety will provide a “No Trespass Order” to the respondent party if deemed appropriate.
  7. The Department of Public Safety will provide written instructions on how to apply for Protective Order.
  8. The Academy will provide a copy of the policy governing sexual misconduct to complainant and inform the Complainant regarding time frame for inquiry, investigation and resolution.
  9. The Academy will inform the Complainant of the outcome of the investigation whether or not the respondent will be administratively charged and what outcome of the conduct case.
  10. The Academy will enforce the anti- retaliation policies and take immediate and separate action against parties that retaliate against a person for complaining.

 

Evidentiary Standard: Preponderance of the Evidence

Stalking

Procedure Massachusetts Maritime Academy will follow:

  1. The Academy will assess immediate safety needs of complainant.
  2. The Academy will assist complainant with contacting the Department of Public Safety or the local police if complainant requests AND complainant will be provided with contact information for the local police department.
  3. The Department of Public Safety will provide written instructions on how to apply for Protective 209A Order.
  4. The Academy will provide written information to complainant on how to preserve evidence.
  5. The Academy will assess need to implement interim or long-term protective measures to protect the complainant, if appropriate.
  6. The Department of Public Safety will provide a “No Trespass Order” to respondent party if deemed appropriate.

 

Evidentiary Standard: Preponderance of the Evidence

Dating Violence

Procedure Massachusetts Maritime Academy will follow:

  1. The Academy will assess immediate safety needs of Complainant.
  2. The Academy will assist Complainant with contacting the Department of Public Safet Department or the local police if complainant requests AND complainant will be provided with contact information for the local police department.
  3. The Department of Public Safety will provide written instructions on how to apply for Protective 209A Order.
  4. The Academy will provide written information to complainant on how to preserve evidence.
  5. The Academy will assess need to implement interim or long-term protective measures to protect the Complainant, if appropriate.
  6. MMA Department of Public Safety will provide a “No Trespass Order” to respondent party if deemed appropriate.

 

Evidentiary Standard: Preponderance of the Evidence

Domestic Violence

Procedure Massachusetts Maritime Academy will follow:

  1. The Academy will assess immediate safety needs of complainant.
  2. The Academy will assist complainant with contacting the Department of Public Safety or local police if Complainant requests AND Complainant provided with contact information for local police department.
  3. The Academy will provide written instructions on how to apply for a Protective 209A Order.
  4. The Academy will provide written information to complainant on how to preserve evidence.
  5. The Academy will assess need to implement interim or long-term protective measures to protect the Complainant, if appropriate.
  6. The Department of Public Safety will provide a “No Trespass Order” to respondent party if deemed appropriate.

Assistance for Victims: Rights & Options available through MMA Department of Public Safety

Regardless of whether a victim elects to pursue a criminal complaint or whether the offense is alleged to have occurred on or off campus, the Academy will assist victims of sexual assault, domestic violence, dating violence, and stalking and will provide each victim with a written explanation of their rights and options.

Such written information will include:

  • The procedures victims should follow if a crime of dating violence, domestic violence, sexual assault or stalking has occurred;
  • Information about how the institution will protect the confidentiality of victims and other necessary parties;
  • A statement that the institution will provide written notification to students and employees about victim services within the institution and in the community;
  • A statement regarding the institution’s provisions about options for, available assistance in, and how to request accommodations and protective measures; and
  • An explanation of the procedures for institutional disciplinary action

In Massachusetts, a victim of domestic violence, dating violence, sexual assault or stalking has rights. The Massachusetts Victim Bill of Rights (M.G.L. c.258B) provides the following rights and services to crime victims and survivors in order to ensure a meaningful role for them in the criminal justice system. While the Bill of Rights applies to all crimes, victims and survivors of violent crimes are given priority status for services. If you wish to be notified of the status of a pending criminal case, you must provide your victim witness advocate, prosecutor and others in the criminal justice system with a current address and phone number where you can be reached. For a complete listing of your rights, please refer to the Victim Bill of Rights (M.G.L. c258B). For a complete guidebook to your rights as a crime victim in the Commonwealth of Massachusetts, visit the Massachusetts Office for Victim Assistance at http://www.mass.gov/mova/advocacy-assistance/ or access the guidebook here: http://www.mass.gov/mova/docs/aftermath-of-crime.pdf


The Academy complies with Massachusetts State law in recognizing Abuse Prevention Orders (209A) and directs any person who obtains an order of protection from domestic or dating abuse, harassment, stalking or sexual assault from any state in the country to provide a copy to the MMA Department of Public Safety and the Title IX Coordinator in Student Services (for students) or the Title IX Coordinator in Human Resources (for employees). A Complainant may then meet with the appropriate Title IX Coordinator and others to develop a Safety Action Plan, which is a plan for the Academy and the victim to reduce the risk of harm while on campus or coming and going from campus. This plan may include, but is not limited to: use of the walking escort service, special parking arrangements, changing classroom locations, housing changes, work location change, or allowing a student to complete assignments from home, depending on the course.

The Academy cannot apply for an Abuse Prevention Order (209A) or Harassment Prevention Order (258E), the victim is required to apply directly for these services.

The following information is information on the District Attorney’s Website that may be helpful when trying to get an Abuse Prevention Order (209A) and/or a Harassment Prevention Order (258E). www.mass.gov/courts/selfhelp/abuse-harassment/ 

What is the difference between an Abuse Prevention Order (209A) and a Harassment Prevention Order (258E)?

If you are being abused or harassed, you may be able to request a restraining order. There are two different Orders available to victims:

  1. Abuse Prevention Orders

Limited to someone with whom you have a specific type of relationship (family, intimate, residential) – see below. You may ask for an Abuse Prevention Order (a “209A Order”) from a judge if: If the person abusing you is:

  • A person to whom you are or were married,
  • Someone with whom you are or were living,
  • A family member related by blood or marriage,
  • The parent of your child even if you were never married, or
  • Someone with whom you are or have been in a serious dating relationship, and you are suffering from abuse because your abuser has:
    • Harmed or attempted to harm you physically,
    • Caused you to fear that you are likely to be physically hurt at any moment, or
    • Forced you to have sex or threatened you into having sex.
  1. Harassment Prevention Orders

Not limited to specific types of relationships. You may ask for a Harassment Prevention Order (a “258E Order”) from a judge if:

You are suffering from harassment because someone has committed 3 or more acts:

  • that were willful and malicious. This means it was done on purpose and was done for cruelty, hostility or revenge.
  • and were aimed at you,
  • and were intended to cause you fear, intimidation, abuse or damage to property, “Abuse” means causing or attempting to cause physical harm, or causing fear of imminent serious physical harm.
  • and did in fact cause you fear, intimidation, abuse or damage to property;

OR

  • someone has forced you to have sex or threatened you into having sex at least once,
  • someone has committed one of the following crimes against you at least once:
    • indecent assault and battery
    • rape
    • statutory rape
    • assault with intent to rape
    • enticement of a child
    • criminal stalking
    • criminal harassment
    • drugging for sexual intercourse

What is Abuse?

Under the law, abuse is physically harming you or trying to physically harm you, causing fear that you are likely to be physically hurt at any moment, or forcing you to have sex, or threatening you into having sex.

Who Can I Be Protected Against?

You cannot get an abuse prevention order against any person you wish. You may only obtain an order against:

  • A person to whom you are or were married,
  • Someone with whom you are or were living,
  • A family member related by blood or marriage,
  • The parent of your child even if you were never married, or
  • Someone with whom you are or have been in a serious dating relationship.

What Can I Request Under an Abuse Prevention Order?

Chapter 209A allows a judge to issue a variety of types of court orders including an order that the defendant not abuse you, not contact you, stay away from your home and work address and not possess any firearms. An abuse prevention order can include any provisions that a judge reasonably believes are needed to keep you safe.

Can I get an abuse prevention order without telling the defendant?

The court may issue an abuse prevention order without the defendant having notice if there is a substantial likelihood of immediate danger of abuse. Such an order is called an ex parte order. You file a complaint form that includes an affidavit (described below) and a hearing is held right away without letting the defendant know. The court can issue an ex parte order that can last for up to ten business days. The court will schedule a hearing within ten business days and then notify the defendant about the ex parte order. The defendant has a right to attend that hearing to argue that all or part of the order should not be continued. At that hearing, often referred to as the 10-day hearing, the judge will hear from you and the defendant, if the defendant appears.

The judge may also decide not to issues an ex parte order at that time. If the judge does not does not think that there is a basis to grant an abuse prevention order, the request will be denied. If the judge thinks that there is not a substantial likelihood of immediate danger of abuse, the request may be put off and a hearing set up at a later time. The defendant will be given notice of that hearing and have the right to attend that hearing. At this hearing both you and the defendant will have the right to tell the court why an abuse prevention order should or should not issue. If the judge does not issue an ex parte order but wants to set up a hearing where the defendant will be present, you may decide not to go forward with your complaint and ask that the hearing not be scheduled.

You can request that the defendant be ordered not to abuse you. This means that:

  • The defendant shall not physically assault or threaten you.
  • The defendant shall not do anything that makes you reasonably fear that the defendant might cause you physical harm.
  • The defendant shall not use force or a threat of any kind to make you have sex unwillingly.

You can request that the defendant be ordered to have no contact with you. This means that:

  • The defendant shall not live with you.
  • The defendant must stay a specific number of feet/yards away from you. The distance that the defendant must remain away from you is be listed on the order
  • The defendant shall not contact you in any way. This includes, but is not limited to, phone calls, text messages, emails, gifts and contact through friends, relatives, neighbors or anyone else, sending or posting messages on Facebook, Twitter or any other social media site, unless specifically allowed in the order.

If you are already at a place and the defendant comes to that same location, the defendant must leave that place as quickly as possible.

You can request that the defendant be ordered to leave a residence (home). This means that:

  • The defendant must leave your residence immediately and stay away from that residence while the order is in effect.
  • The defendant must stay away from the residence even if you are not there at the time. If the residence is an apartment, the defendant may be ordered to remain away from the entire building, even if the lease is in the defendant’s name.
  • The defendant shall not damage the residence in any way.
  • The defendant shall not shut off any utilities or interrupt your mail delivery.

You can request that the defendant be ordered to stay away from your work. This means:

  • The defendant must stay away from the place where you work as long as the order is in effect.
  • The defendant must stay away from that workplace even if you are not there at the time.
  • You can request that your residential, workplace and/or school address not appear on the order.

If the defendant does not know your current home, workplace or school address you may request that these be kept Confidential. This information would only be available to the court, the police, the District Attorney or others specifically allowed by you or the court. In all cases, this information is not available to the public. You can request that you be given custody of children, this means the children will live with you unless or until a judge changes that order.

You can request that the defendant be also ordered to have no contact with the children. This means:

  • The defendant must stay a specific number of feet/yards away from them (the distance is listed on the order) and have no contact with them while the order is in effect unless and until a judge permits contact with the children. The court can also order the defendant to stay a specific number of feet/yards away from a child’s school or daycare. If the defendant is permitted to have contact with the children but not with you and the children live with you, the defendant must speak only to the children, not to you.

The Probate Court can change a District Court Judge’s restraining order with regard to custody and contact with children. Even if the Probate Court changes the parts of the order that deal with the children, all other parts of the District Court order remain in effect.

You may request that the defendant be ordered to pay certain money. This means:

  • The defendant can be ordered to pay temporary support if he or she might be legally obligated to do so (for example, if you are married),
  • The defendant can be ordered to pay child support for his or her children, or
  • The defendant can be ordered to pay for costs related to the abuse, such as medical bills, lost wages or for changing the locks.

If the judge issues a 209A order, the defendant will be ordered to surrender (give up) firearms. This means:

  • The defendant must immediately transfer possession of any firearms, ammunition, License to Carry a Firearm or Firearms Identification Card that he/she has to the police department listed on the order.
  • The defendant may not purchase any firearms or ammunition while the order is in effect.

How do I get an abuse prevention order?

If you need help with getting an Abuse Prevention or Harassment Prevention Order, the Mass. Office of Victim Assistance offers a program called SAFEPLAN at https://www.mass.gov/info-details/victim- services-resources-and-training that provides staff to help you. There are other programs in some courts that provide people who can help you fill out the forms and go with you to the courtroom. In some cases, the advocate is from the local domestic violence service provider. In other cases, District Attorney Office Victim-Witness advocates assist in filing for these Orders. A list of domestic violence service providers can be found at Jane Doe, Inc. Staff at these organizations can tell you if they have court advocates or, if not, how to reach a Court Advocate.

If you need help immediately such as safety planning or shelter, call the SAFELINK hotline at 877- 785- 2020, which can find you a domestic violence program or shelter near you.

Where do I apply for an abuse prevention order?

During regular business hours on weekdays, you can go to the Municipal, District, Probate and Family or Superior Court whose jurisdiction covers the area where the incident occurred. See Court Locator. For the Academy, the District Court that services this area is located in Barnstable, MA. a 30 minute drive from campus.

If you are in crisis and the Courts are closed, you can call the MMA Department of Public Safety 24/7/365 at 508-830-5238 or come to the Department in Bresnahan Hall on campus (101 Academy Drive). You will be given advice, the necessary forms and any assistance with calling a Judge. If the Judge grants the order, it is only temporary until the next Court business day. The order given to you by the MMA Department of Public Safety will tell you which court to appear in and when you need to be there. If transportation is necessary the MMA Department of Public Safety will assist.

What forms do I file?

You will always file:

  • Complaint for Protection from Abuse including an affidavit in support of your request
  • Defendant Information Form
  • Plaintiff Confidential Information Form

You may also need the following if you have children:

  • Complaint for Protection from Abuse page 2
  • Affidavit Disclosing Care or Custody Proceedings

If you want custody of your pets, or an order to keep the defendant from abusing your pets: Petition and Order Issued Pursuant to GL c.209A, s.11 Relative to Domesticated Animals

What happens next?

After you fill out the forms, give them back to the Clerk’s office at the District Court. Court staff will check to see if the defendant is wanted by the police, if there are or have been other Restraining Orders against the defendant, and/or whether the defendant has any criminal record. In some courts, Court staff may also check your own record. Once this is done, you will be brought into the courtroom.

What happens when you go into court?

After you file your papers, you will appear before a judge. If you have asked for an Order without the defendant knowing, the defendant will not be there. The judge will look over your papers and ask you some questions. The Judge will decide whether or not to give you the order while you are still present. You will be given a copy of the order by the Clerk’s office after the hearing is over. The MMA Department of Public Safety will attempt to serve the defendant with a copy of the order. You should also keep a copy of the order with you at all times.

How long does the order last?

The first order you get, if the defendant is not present, is only good until you have a court hearing where the defendant has an opportunity to tell his side of the story. This is scheduled within 10 business days, so it is commonly called a “10-Day Hearing.” It may be in fewer than 10 days. The judge will tell you when this hearing will be held at the time he or she issues the first order. The date of this hearing will also be on the Order.

If you get an Emergency Order when the court is not in session from a Judge over the telephone and the defendant is also arrested, the defendant might be at the same court where you go to get the order extended. In that case, the judge will hold a hearing with both you and the defendant present and may grant an order for up to a year.

The “10 Day Hearing”

The date and time for the next court hearing will be listed on the order. The name and location of the court that issued the Order is listed at the top right-hand corner of the Order. During that hearing, the judge will listen to the evidence and decide if the Order should continue to remain in effect, be amended in some way(s), or be terminated (ended). Both the plaintiff and the defendant have a right to be heard at the hearing and to present evidence that the judge finds is relevant. If you do not appear at the next scheduled court hearing, the Order will expire at the end of that court day.

If the judge grants the order, it will be in effect for up to one year. The order will say how long it will last, and will tell you when you need to go back to court if you want to renew it. If you want to renew the order, you will need to go back to court on the return/expiration date on the order, and ask for the order to be renewed or the order will expire.

How do I appeal?

If you are not given an order or not given everything you request you may appeal. You have 30 days to appeal after the judge makes his or her decision. No matter what court issued the order, you must appeal to the Massachusetts Appeals Court. To start your appeal, you must file a Notice of Appeal at the Clerk’s office of the court that issued the order within thirty days of your hearing. See the Appeals Court Help Center for information on the appeals process.

What happens if the defendant does something he or she is not supposed to do?

If the police witness or have probable cause to believe that the defendant violated a restraining order, the police are required to arrest the defendant.

A restraining order is a civil order but violation of certain parts of the order is a criminal offense. If the defendant violates the no abuse, no contact, leave the home, stay away from home/work or surrender firearms terms of the order, you should contact the MMA Department of Public Safety immediately and tell them that you have a restraining order and what happened.

What if the defendant fails to pay money owed?

If the defendant does not pay support, child support or any money damages ordered, you will need to go back to the court and ask for a hearing to see if the defendant should be held in Contempt of Court.

What if I want to change or terminate (end) the order?

An Abuse Prevention Order is a court order and must be followed by all parties involved. That means that only a judge can change the Order. The person who requested the order cannot change or end the Order without returning to court. Even if the plaintiff seems to request or allow conduct forbidden by the Order, the defendant will be in violation of the abuse prevention order unless a judge has changed it. If you want to change or end the order you can go to the same court that issued the order Monday through Friday 8:30 am to 4:00 pm to ask the judge to change or end the Order. The Clerk- Magistrate’s Office can assist you in the filing of documents to make this request.

 

More Information for People Seeking Abuse Prevention Orders Help

  1. Safelink is a Massachusetts 24/7 toll-free domestic violence hotline at 1-877-785-2020. Advocates are multilingual and conversations are free and confidential. These advocates can assist victims with safety planning, locating shelters, providing emotional support, and finding local community services.
  2. Local Police - You don’t have to call the Police, but it is important for you to know you can call them if you feel you need their protection, especially in emergencies.
  3. Jane Doe, Inc. is the statewide coalition of against sexual assault and domestic violence. Their website includes information for victims and survivors of domestic violence.
  4. Mass. Office for Victim Assistance. Coordinates the SAFEPLAN programs on a statewide basis.

SAFEPLAN is a court-based program that provides advocates to help victims of domestic violence who are seeking protection from abuse. SAFEPLAN Advocates are available across the state. The services they provide to victims are free. SAFEPLAN Advocates can help you with getting a 209A order or go with you to a hearing. For information on SAFEPLAN Advocates, what they do, and how to reach them, read the SAFEPLAN FAQs.

The Academy (only the Department of Public Safety only issue Trespass Orders) may issue an institutional no contact order if deemed appropriate or at the request of the victim or the accused. To the extent of the victim’s cooperation and consent, Academy officials will work cooperatively to ensure that the complainant's health, physical safety, work and academic status are protected, pending the outcome of a formal Academy investigation of the complaint. For example, if reasonably available, a complainant may be offered changes to academic, living, or working situations in addition to counseling, health services, visa and immigration assistance and assistance in notifying appropriate local law enforcement. Additionally, personal identifiable information about the victim will be treated as confidential and only shared with persons with a specific need to know who are investigating/adjudicating the complaint or delivering resources or support services to the complainant (for example, publicly available record-keeping for purposes of Clery Act reporting and disclosures will be made without inclusion of identifying information about the victim, as defined in 42 USC 1395 (a) (20).) Further, the institution will maintain as confidential, any accommodations or protective measures provided to the victim to the extent that maintaining such confidentiality would not impair the ability of the institution to provide the accommodations or protective measures.

The Academy does not publish the name of crime victims nor maintain identifiable information regarding victims on the Department of Public Safety Daily Crime Log. Victims may request that directory information on file with the Academy be removed from public sources by contacting the Office of the Commandant/Dean of Students. There are additionally public records exemptions that allow for the Academy to protect the directory information for employees. Please contact Human Resources if you are an employee and crime victim who needs assistance with keeping your personal identifiable information confidential.

 

Resources at Mass Maritime for Sexual Harassment, Sexual Assault, Relationship Violence and Stalking:

Individuals who have experienced sexual misconduct may seek reasonable accommodations in their academic, living, transportation or working situations. Assistance is available regardless of whether the individual chooses to report the crime to the Department of Public Safety or local law enforcement or to file a formal complaint with the Academy. In addition, Academy officials can also assist individuals to contact relevant local authorities to obtain civil no contact orders and/or orders of protection.

The following resources are available to discuss incidents and issues related to sexual misconduct, stalking, domestic and dating violence. The confidential sources can advise individuals about resources, services, and options available both on- and off-campus. Because of the confidential nature of the relationship, disclosing information to or seeking advice from a confidential counselor does not constitute reporting an incident to the Academy and therefore will not result in any formal response or intervention by Academy Officials.

Human Resources

The Office of Human Resources is responsible for investigating matters dealing with Sexual Harassment, Sexual Assault, Relationship Violence and Stalking. As promulgated in the Equal Opportunity, Diversity, and Affirmative Action Plan, Title IX Sexual Harassment Policy, there are, both, formal and informal means of reporting and resolving sexual harassment, (including sexual violence) complaints, which are either between employees or a student filing against an employee. Cases in which a student files against another student are handled through the Title IX co-coordinator in Student Services. Additionally, Human Resources provides training for faculty & staff to raise awareness through understanding and identifying behaviors that may be considered sexual harassment/sexual violence. The Human Resources Office contact information is:

Harrington Bldg, 1st Floor

(508) 830-5086

ebenway@maritime.edu https://www.maritime.edu/human-resources

 

Massachusetts Maritime Academy Department of Public Safety

The Department of Public Safety serves as a resource for reporting and criminal investigation of incidents of sexual violence/harassment, relationship violence and stalking. Additionally, the Department of Public Safety provides prevention services such as Rape Aggression Defense courses, a night time escort service and other awareness raising and preventative information.

101 Academy Drive, Bresnahan Hall

Emergency: Dial 911

Non-emergency phone: 508-830-5238 https://www.maritime.edu/health-safety/safety 

 

The Office of the Commandant of Cadets/Dean of Students

The Office of the Commandant of Cadets/Dean of Students can assist victims/survivors in changing class schedule, moving to a different company in the dormitories, changing a cadet’s status to regimental commuter, talking with professors, withdrawing from classes, etc, as related to sexual and relationship violence. Victims/survivors do not have to file a formal complaint under the Student Code of Conduct to request these resources. The Office also provides investigative and disciplinary processes for incidents of student against student sexual violence/harassment, stalking, relationship violence and stalking, in accordance with the Code of Student Conduct.

 

Lauren Salem

Title IX Coordinator for Students

Commandant’s Office, Main Dormitory Building 508-830-5148

lsalem@maritime.edu



Health Services

Health Services provides CONFIDENTIAL, free, compassionate services for male, female, and transgender survivors. Health Services will connect victims of sexual assault to a SANE Hospital. A SANE Hospital is approved by The Massachusetts Department of Public Health and specially trains, certifies, and supports registered nurses and physicians to provide quality care and forensic evidence collection to sexual assault survivors.

4th Company, 00 Deck 508-830-5048

nurse@maritime.edu  https://www.maritime.edu/health-safety/clinic 

 

Counseling Services

Counseling Services provides CONFIDENTIAL supportive mental health services to survivors of sexual violence and harassment, as well as general mental health concerns. Services include: crisis intervention; short-term therapy for individuals, couples and families; support and therapy groups; suicide prevention training; and consultation and education.

5th Company, 00 Deck 508-830-5180

Counseling@maritime.edu

Website: https://www.maritime.edu/health-safety/clinic

 

Athletic Department

The Academy’s division III intercollegiate athletics program encourages student-athletes to achieve their highest academic, athletic and personal aspirations. Programs Sponsored by the Academy adhere to the highest standards of integrity and ethics. The Department promotes principles of good sportsmanship, honesty and fiscal responsibility in compliance with Academy, state, NCAA, and conference regulations. The Department promotes and supports the Academy's comprehensive commitment to diversity and equity, providing equitable opportunity for all students and staff including women and minorities.

Alumni Gym 101 Academy Drive

508-830-5053

Athletics@maritime.edu website: www.mmabucs.com

 

Other Campus Resources:

Employee Assistance Program (FSAP) The Employee Assistance Program is a free, CONFIDENTIAL service offering counseling, information, consultation and referrals for MMA faculty and staff. The EAP helps resolve work related and personal concerns through confidential 24/7 support

(844) 263-1983

https://www.liveandworkwell.com/content/en/public.html



External (Off campus) Agencies:

District Attorney’s Office 

The Domestic Violence and Sexual Assault Unit works closely with police departments, courts and social service agencies to address the serious problem of domestic violence and sexual assault through prosecution of the offenders and the development of strategies for prevention and intervention for the victims.

3231 Main Street, Barnstable MA 02630

Phone - 508-3628113 Fax-508-362-8221

https://www.mass.gov/directory-of-district-attorney-offices

 

Office for Civil Rights (OCR)/U.S. Department of Education 

The OCR monitors: 1) Title IX, which specifies prohibitions against discrimination on the basis of sex in educational programs; 2) the Rehabilitation Act of 1973, which prohibits discrimination based on handicap in areas related to employment, program accessibility, and student programs. Anyone who has a complaint relating to sex discrimination or discrimination based on personal impairment may contact:

U.S. Department of Education Office for Civil Rights

5 Post Office Square, 8th Floor/Suite 900 Boston, MA 02109-3921

Telephone: (617) 289-0111

TTY: (800) 877-8339



Massachusetts Commission Against Discrimination (MCAD)  

Under Chapter 151B, Massachusetts General Laws

Annotated, it is unlawful to discriminate against a person(s) on the basis of race, color, religion, creed, national origin or ancestry, handicapping condition, veteran status, or sexual orientation. The MCAD, a state agency, monitors discrimination in the areas of housing, employment, loans, and educational opportunities. Any person claiming to be aggrieved by an alleged unlawful practice may file a complaint with this agency. The offices to contact are:

One Ashburton Place, Room 601 Boston, MA 02108

(617) 994-6000

TTY (617) 994-6196

Bourne Police Department

35 Armory Rd Buzzards Bay, MA 02532 508-759-4420

http://www.bournepolice.com/

Massachusetts State Police

Bourne Rotary S, Bourne, MA 02532

(508) 759-4488

http://www.mass.gov/locations/state-police-bourne-barracks

 

Adjudication of Violations

Whether or not criminal charges are filed, any individual person may file a complaint or the Academy may investigate incidents under the Equal Opportunity, Diversity, and Affirmative Action Plan, Title IX Sexual Harassment Policy. 

When a Complainant does not consent to the disclosure of their name or other identifiable information regarding the alleged perpetrator, the Academy’s ability to respond to the complaint may be limited.

All alleged violations of sexual assault, domestic/dating violence, and stalking are investigated by a trained Title IX Coordinator assigned, either, to Human Resources or the Co-Title IX Coordinator in the Division of Student Services.

At the point of resolution, the Academy disciplinary processes for Academy Employees and Students differ in procedure.

Once a complaint is received, the Academy will investigate or otherwise attempt to determine what occurred as promulgated by the Policy. At the conclusion of a thorough investigatory process the Complaint will be heard by a trained hearing board or by a single administrator. The Academy will then determine if a possible violation of Academy policy occurred. Student violations are adjudicated through the student conduct system and employee violations are adjudicated per the terms of the relevant collective bargaining agreements.

Below is an overview of the anticipated timelines, the decision-making process and a statement regarding how the institution will decide which type of proceeding to use based on the circumstances of an allegation of domestic/dating violence, sexual assault or stalking.

Steps in the process: 

  • Initial Complaint - a complaint or notice is reviewed by the Title IX Coordinator and/or Human Resources
  • Notice - all parties involved are notified of the initiation of an investigation
  • Investigation - Information is gathered. Investigative report written and provided to parties for review.
  • Upon receipt back from parties, an investigative report is submitted to decision-maker (single individual, who will meet with the parties.
  • Decision is rendered - All parties are notified of the outcome and have right of appeal
  • Appeal - All parties are notified of the outcome of any appeal

The Academy disciplinary processes are consistent with the institution’s policy and will include a prompt, fair, and impartial investigation and resolution process transparent to the complainant and the respondent. Usually, the resolution of complaints of sexual misconduct are completed within 60 days of the report, however the proceedings timeframe allows for extensions for good cause with notice to the Complainant and the responded of the delay and the reason for the delay. Investigators and hearing board members are trained annually on the issues related to domestic violence, dating violence, sexual assault, and stalking and are taught how to investigate and hearing process that protects the safety of the victim and promotes accountability. The Academy’s Student Conduct procedures provide that:

  1. Deficiencies are classified in Article 205 of these regulations on the basis of the seriousness of the acts and/or omissions that constitute the punishable offense. These classifications are provided for general guidance only. In the case of the act or omission of any cadet, the circumstances that surround that specific act or omission at the time of its occurrence will be considered, and any deficiencies may be re-classified as a Class I, Class II, or Class III offense based on the circumstances surrounding that specific act or omission and at the discretion of the Commandant of Cadets. Any offense classified as a Class I will be formally investigated.
  2. A cadet may be reported for being deficient. Reports may be submitted at any time by Academy Administrators, Faculty or Staff Members, Ship’s Officers, Academy Public Safety Officers, Senior Staff Officers, or by any Squad Leader with approval from a Senior Cadet Officer with annotated approval in the description of the offense section of the electronic tap sheet. Any cadet not granted reporting authority by this Article shall report violations of these Regulations and Standards to a person who has such reporting authority, such as a company officer.
  3. Procedure for Processing Mast Reports
    1. The Commandant/Deputy Commandant of Cadets or designee, after receiving a Mast offense, shall review the offense, and when necessary request more information, inquire into the circumstances, and take one of the following actions:
      1. Exonerate the cadet.
      2. Classify the deficiency as a Class III Offense and assign the case to the Company Mast Board for disposition in accordance with the procedures outlined in Article 209.
      3. Classify the deficiency as a Class II Offense and assign the case to the Commandant’s Mast Board for disposition in accordance with the procedures outlined in Article 209.
      4. Classify the deficiency as a potential Class I Offense and assign an Academy Company Officer to investigate of the reported offense. Standard of evidence used in investigation and proceedings is a preponderance of evidence.
      5. Classify the deficiency as a potential Honor Code Offense and assign the case to be investigated and determine if an Honor Board is warranted.
  4. After reviewing the report of the investigating Company Officer or Company Commander (In the case of an Honor Board), the Commandant/Deputy Commandant of Cadets shall take one of the following actions:
    1. Exonerate the cadet.
    2. Reclassify the violation as a Class II or Class III Offense.
    3. Classify the violation as a Class I Offense or Honor’s offense and refer the case to the appropriate Disciplinary Board for action.
    4. Mast Offense – Process Time Chart
  5. When the Mast Offense is submitted to the Commandant’s Office, the following recommended processing times, authority, and actions will commence. The timeline is for guidance only.
    1. Deputy Commandant or designee: Reviews/Classifies Mast Report Form.
    2. Investigating Officer: Conducts Investigation (21 days).
    3. Deputy Commandant or designee: Classifies deficiency.
    4. Cadet: Responds to charges in accordance with Article 209C (3 days).


In some circumstances, the Respondent’s alleged conduct violating this Policy may constitute a potential violation of other Academy conduct policies such as the Policy Against Discrimination, Discriminatory Harassment, and Retaliation and/or the Student Code of Conduct. To avoid duplicative efforts, the Academy may undertake a concurrent investigation of the alleged conduct. Where such concurrent investigation takes place, the Academy will use the Title IX Complaint and Resolution Procedures, provided however that cross examination in the live hearing may be restricted to only questions relevant to allegations of violations of the Title IX Sexual Harassment Policy. Based on the findings of the concurrent investigation, the Respondent may be subject to disciplinary action for violations of this Policy as well as the Policy Against Discrimination, Discriminatory Harassment, and Retaliation and/or the Student Code of Conduct, as well as other policy violations. If a formal complaint is dismissed in accordance with Article XIX, Section XIX.3 (a), an investigation may continue under other Academy conduct policies and the procedures prescribed for alleged violations of those policies.

 

Retaliation

Neither the Academy nor any other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under Title IX or this policy. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sexual harassment, but arise out of the same facts or circumstances as a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or this policy, constitutes retaliation.

 

Supportive Measures

Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the Academy’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the Academy’s educational environment, or deter sexual harassment. Supportive measures may include, but are not limited to, counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules or dining arrangements, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, restrictions from areas of campus, leaves of absence, increased security and monitoring of certain areas of the campus, statutorily provided leave to employees, and other similar measures.

The Academy will maintain as confidential any supportive measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of the Academy to provide the supportive measures.

The Title IX Coordinator, or designee, is responsible for coordinating the effective implementation of supportive measures. Examples of supportive measures include but are not limited to:

Staff/Faculty:

  • An Academy no contact, a leave of absence, or reassignment to a different supervisor, position, or work location.

Students

  • Assignment/relocation to alternate housing
  • No contact directives
  • Limitation/removal of access to designated Academy housing facilities and/or other campus facilities by time and location
  • The requirement to secure advance authorization to engage in a specified activity • Change in parking situations
  • Change in work location
  • Restriction from campus premises

List of Potential Outcome and Sanctions

Staff/Faculty 

The penalties for those found to have violated this policy may include, but will not be limited to, any one or combination of the following: verbal admonition, written warning placed in the personnel file, probation, suspension without pay, demotion, removal from administrative duties, and dismissal. Any disciplinary measures imposed will be consistent with applicable union contractual provisions.

 

Students

If the student is found in violation of the Code of Student Conduct policies related to Sexual Misconduct, Academy officials may impose one or more of the following sanctions along with educational sanctions including but not limited to harassment prevention workshop and counseling.

  • Housing Removal – Housing Removal results in a removal of the student from Academy housing for a specified period of time.
  • Suspension – Suspension is a separation of the student from the Academy for a specified period of time, but not less than the remainder of the semester. Suspensions that take effect during a semester may result in the loss of academic credit for that semester. The student should not participate in any Academy sponsored activity and shall be barred from Academy premises. After the student completes the term of the suspension, the student must apply for readmission to the Academy. In order to enroll, the student must file a Readmission application, including the readmission fee, with the Registrar by the appropriate readmission deadline.
  • Expulsion – Expulsion is a separation of the student from the Academy for no less than one semester. The student shall also be barred from Academy premises. The student should not participate in any Academy sponsored activity and shall be barred from Academy premises. After the student completes the term of the suspension, the student must apply for readmission to the Academy. In order to enroll, the student must file a Readmission application, including the readmission fee, with the Registrar by the appropriate readmission deadline.

 

Statement of Policy Informing the Complainant and the Respondent of the Outcome of a Disciplinary Proceeding

The Academy will, upon written request, disclose to the alleged victim of a crime of violence (as that term is defined in Section 16 of Title 18, United States Code), or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by the Academy against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of this paragraph. In cases involving allegations of acts of sexual misconduct, domestic violence, dating violence, and stalking the complainant(s) will be advised of the outcome of any conduct proceedings, subject to applicable privacy statutes and regulations and have the right of appeal pursuant to the EODAAP, Title IX Sexual Harassment Policy.


According to Section 16 of Title 18 of the United States Code, the term “crime of violence” means-

(a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or (b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

The “results of a disciplinary proceeding” means - only the institution’s final determination with respect to the alleged sex offense and any sanction that is imposed against the respondent.

 

Statement of Policy Addressing Sex Offender Registration

The Federal Campus Sex Crimes Prevention Act, enacted on October 28, 2000, went into effect on October 28, 2002. The law requires institutions of higher education to issue a statement advising the campus community where law enforcement agency information provided by the State concerning registered sex offenders may be obtained. The act also requires sex offenders already required to register in a State to provide notice, as required, under State Law, of each institution of higher education in that State at which a person is employed, carries on a vocation, volunteers services of is a student.


How to Inquire

Members of the Massachusetts Maritime Academy community may request information about sex offenders in Massachusetts at the Massachusetts Sex Offender Registry Board, telephone (978) 740- 6400, https://www.mass.gov/orgs/sex-offender-registry-board. MMA Department of Public Safety posts notices regarding all local Level 3 offenders on: https://www.maritime.edu/health-safety/safety/students


Penalties for Improper Use of Sex Offender Registry Information

Information contained in the Sex Offender Registry shall not be used to commit a crime against an offender or to engage in illegal discrimination or harassment of an offender. Any person who improperly uses Sex Offender Registry information shall be punished by not more than two and one- half years in the house of correction or by a fine of not more than $1,000 or by both such fine and imprisonment.

 

Security Awareness and Crime Prevention Programs

The Massachusetts Maritime Academy Department of Public Safety believes that through crime prevention and safety awareness education, community members are better prepared to prevent crime and to respond if crime does occur. During Orientation, all students are informed of resources offered by the MMA Department of Public Safety. Crime Prevention Programs and Prevention Programs related to Sexual Assault, Domestic Violence, Dating Violence, and Stalking, are offered upon request. A common theme of all awareness and crime prevention programs is to encourage students and employees to be aware of their responsibility for their own security and the security of others, and to be an active bystander. Information is disseminated to students and employees through class and company programs, crime prevention posters, security alerts, displays, videos, and email communications.

During the 2021 calendar year MMA Department of Public Safety sponsored numerous crime prevention and security awareness programs on campus and in the dormitories. These include the following:

  • During New Student Orientation programs in August, the Department of Public Safety performs a safety and security briefing which includes an overview of services provided by the Department and specific guidance on the safekeeping of belongings, practicing safe behavior on and off-campus, and contact information. Students are informed of on-campus crimes as well as in the surrounding areas.
  • The Public Safety Department webpage also provides an online Emergency Response Procedure training, which provides detailed information on safety procedures in the event of incidents including civil unrest, active shooter, and an explosion. Emergency Response Procedure Training is available online 7 days a week, 24 hours a day.

At the beginning of each semester as well as before each “port of call” during Sea Team, the

Division of Student Services/ Commandant of Cadets in cooperation with other departments, present crime prevention awareness sessions as well as sessions on sexual assault, relationship violence, stalking, alcohol, and vandalism as well local safety awareness, relevant to the specific port visit to includes locations and establishments that are off-limit, knowing your surroundings, understanding the local culture, should the port visit be out of the Continental United States.

Overall Crime Prevention/Outreach Efforts

In 2021, MMA Department of Public Safety provided student response training to an active shooter, as well as other security tips as part of the orientation process. Additionally, the MMA Department of Public Safety participated in community outreach programs including National Night Out.

Alcohol and Substance Abuse Programs

Services and resources are available to all members of the Academy community, to provide accurate information relating to drugs and alcohol, to support individual needs and to assist at crisis points. Listings of resources on campus are available by calling:

Contact Number

Health Services

508-830-5048

Counseling Services

508-830-5180

Office of the Commandant of Cadets/Dean of Students

508-830-5103

 

In addition, individuals who wish to enroll in a drug or alcohol rehabilitation program should check the Academy’s insurance or their own insurance to verify if they are covered for these services.

Individuals may also enlist the assistance of MMA Health Services and/or Counseling Services in identifying drug and alcohol rehabilitation programs.

Each year, new students are provided training through “Get Inclusive,” an online learning program. Within the “Alcohol and Other Drugs” module, we challenge learners to consider the impacts of alcohol and drugs, the way they play out in social settings, and how to set boundaries for themselves around their own substance usage. Learners will be offered interactive scenarios to intervene in situations where others are being unsafe and have time to reflect on which options feel best to them in given situations. At the conclusion of the training, students will have a command of tactics to take care of themselves as well as skills to intervene in harmful situations impacting others.

Sexual Assault Prevention and Response Programs

The Academy engages in comprehensive, intentional, and integrated programming, initiatives, strategies, and education campaigns intended to end dating violence, domestic violence, sexual assault and stalking that:

  • Are culturally relevant, inclusive of diverse communities and identities, sustainable, responsive to community needs, and informed by research, or assessed for value, effectiveness, or outcome; and
  • Consider environmental risk and protective factors as they occur on the individual, relationship, institutional, community and societal levels.

Educational programming consists of primary prevention and awareness programs for all incoming students and new full-time employees and ongoing awareness and prevention campaigns for students and employees that:

  • Identifies domestic violence, dating violence, sexual assault and stalking as prohibited conduct;
  • Defines using definitions provided both by the Department of Education as well as Mass. State Law what behavior constitutes domestic violence, dating violence, sexual assault, and stalking;
  • Defines what behavior and actions constitute consent to sexual activity in Massachusetts and/or using the definition of consent found in the Student Code of Conduct, if state law does not define consent;
  • Provides a description of safe and positive options for bystander intervention. Bystander intervention means safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault or stalking. Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and acting to intervene;
  • Information on risk reduction. Risk reduction means options designed to decrease perpetration and bystander inaction and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence.
  • Information regarding:
    • Procedures victims should follow if a crime of domestic violence, dating violence, sexual assault and stalking occurs;
    • How the institution will protect the confidentiality of victims and other necessary parties;
    • Existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims, both within the institution and in the community;
    • Options for, available assistance in, and how to request changes to academic, living, transportation, and working situations or protective; and
    • Procedures for institutional disciplinary action in cases of alleged dating violence, domestic violence, sexual assault, or stalking.

The Academy has developed a robust, annual educational campaign consisting of presentations that include distribution of educational materials to new students; participating in and presenting information and materials during new employee orientation; and ongoing activities, programs and awareness initiatives to all employees and students.

The following contain prevention and awareness programs held for our campus community in 2021:

  1. New Students offered “Get Inclusive Training.” Through reflection, learners will consider how sexual violence has presented itself in their communities and then develop the skills necessary to intervene in these situations. After completing the program, students will understand that sexual violence is about power and control and that to make change, people must not only intervene on an interpersonal level, but also with the culture that perpetuates it.
  2. New Students are offered a 1-hour lecture of Massachusetts Maritime Academy’s Title IX Policy hosted by the Title IX Coordinator for Students. This lecture goes over what the policy is at Massachusetts Maritime Academy, how to make a report, the importance of preserving evidence, the importance of getting medical attention, supportive measures and resources available to them, and what will happen once a report is made.
  3. Students are offered training on Bystander Intervention through the Academy’s Sunday Night Series Program.
  4. Students in leadership positions at Massachusetts Maritime Academy are specifically trained on what to do if a student reports to them regarding sexual misconduct and how to be proactive with bystander intervention. They are provided with examples of what may occur while they are holding these leadership positions and offered an opportunity to talk about what to do in these scenarios.
  5. Ongoing training through “Get Inclusive” is provided for students. The training consists of the following topics: Identity and Inclusion, Consent and Sexual Violence, and Healthy Relationships.
  6. Ongoing training programs are provided to students who are participating in the Academy’s Cooperative Learning Program, Sea Term on the TS Kennedy, and Experiential Learning. This training is hosted by the Academy’s Title IX Coordinator for Students.
  7. New full-time employees receive training on the Academy’s Title IX Policy through “Get Inclusive.” Additional topics covered include:
    • Define illegal workplace harassment and Discrimination.
    • Summarize the kinds of perfectly legal, but unacceptable forms of workplace misconduct.
    • Identify problematic and illegal situations, behaviors, and opinions.
    • Analyze the reasons for the pervasiveness of harassment and discrimination in the workplace.
    • Apply specific techniques to address problematic situations, behaviors, and opinions.
    • Apply active listening skills.
    • Develop skills related to having difficult conversations.
    • Describe retaliation and identify its impact on harassment and discrimination reporting.
    • Describe the organization’s reporting process.
    • Identify available internal and external resources.
    • Develop a shared language relating to domestic violence, dating violence, sexual assault, stalking, and consent.
    • Know the organization’s statement prohibiting domestic violence, dating violence, sexual assault, and stalking.
    • Explain the requirements for compliance with Title IX as well as responsibilities for mandated reporters.
    • Demonstrate what a responsible employee should do if a student were to report sexual misconduct to them, distinguishing what is okay to say from what’s not.
    • Recognize the value of engaging the entire campus as allies in sexual assault prevention.
    • Describe appropriate and inappropriate behaviors along the continuum of sexual behaviors.
    • Empathize with victims of sexual assault, resulting in a heightened sense of responsibility for playing a role in decreasing sexual violence.
    • Identify the warning signs of sexually abusive and violent behavior, including the role of drugs and alcohol.
  8. Employees are assigned a refresher course through Get Inclusive every three years for the purpose of reinforcing the above subject matter.

Statement of Policy for Reporting the Annual Disclosure of Crime Statistics

 

The information below provides context for the crime statistics reported as part of compliance with the Clery Act.

As required by federal law, MMA Department of Public Safety yearly crime statistics for this report are compiled on a calendar-year basis in accordance with the definitions of crimes provided by the FBI for use in the Uniform Crime Reporting (UCR) system. The report includes statistics for the previous three years concerning crimes that occurred on campus and were reported to the Massachusetts Maritime Department of Public Safety and other campus security authorities.

In addition, these statistics also include persons referred for campus disciplinary action for categories required under the Clery Act, including liquor and drug law violations, and illegal weapons possession. Statistical information for on-campus and non-campus locations owned or controlled, or closely associated with/by the Massachusetts Maritime Academy, as well as public property within or immediately adjacent to and accessible from the campus, are collected or requested from a variety of jurisdictions, from our local area police departments (Bourne, Wareham, and others) as well as departments who hold jurisdiction over outlying MMA properties (Waltham). For statistical purposes, crime statistics reported to any of these sources are recorded in the calendar year during which the crime was reported.

All of the statistics are gathered, compiled, and reported to the Massachusetts Maritime Academy community via this report, entitled “Annual Security Report” which is published by the MMA Department

of Public Safety via the department website at: https://www.maritime.edu/health-safety/safety MMA Department of Public Safety also submits the annual crime statistics published in this report to the Department of Education (DOE). The statistical information gathered by the DOE is available to the public through the DOE website.

The Department of Public Safety sends an e-mail to every enrolled student and current employee on an annual basis. The e-mail includes a brief summary of the contents of this report. The e-mail also includes the address for the MMA Department of Public Safety website where the “Annual Security Report” can be found online at: https://www.maritime.edu/health-safety/safety.

Copies of this report may also be obtained at the Department of Public Safety located at 101 Academy Drive, Bresnahan Hall, Buzzards Bay, MA 02532 or by calling the Department at 508-830- 5238. All prospective employees may obtain a copy from the Human Resources Office in the Harrington Building, 101 Academy Drive, or by calling 508-830-5092.

The MMA Department of Public Safety Daily Crime Log, kept in accordance with MGL c41s98F is available at: 101 Academy Drive, Bresnahan Hall.

The crime statistics tables located within this report are reflective of the requirements mandated by the Clery Act, including the 2013 amendments of the Violence Against Women Act.

 

Specific Information about Classifying Crime Statistics

The following statistics are published in accordance with the standards and guidelines used by the Federal Bureau of Investigation Uniform Crime Reporting Handbook and the federal law (the Clery Act).

The number of victims involved in a particular incident is indicated for the following crime classifications: Murder/Non-Negligent Manslaughter, Negligent Manslaughter, Forcible and Non- Forcible Sex Offenses, Aggravated Assault. For example, if an aggravated assault occurs and there are three victims, this would be counted as three aggravated assaults in the crime statistics chart.

The number of incidents involving a particular offense is indicated for the following crime categories (includes one offense per distinct operation): Robbery, Burglary, Larceny, and Arson. For example, if five students are walking across campus together and they are robbed, this would count as one instance of robbery in the crime statistics chart.

In cases of motor vehicle theft, each vehicle stolen is counted.

In cases involving Liquor Law, Drug Law, and Illegal Weapons violations, each person who was arrested is indicated in the arrest statistics. If an arrest includes offenses for multiple liquor or drug law violations, it is only counted as a Drug Law Violation as that is the more egregious offense.

The statistics captured under the "Referred for Disciplinary Action" section for Liquor Law, Drug Law, and Illegal Weapons violations indicate the number of people who are referred to the Dean of Students Office and Residence Education for Code of Student Conduct and/or Community Living Standards violations.

The Department of Public Safety’s reported Hate Crimes are separated by their category of prejudice. The numbers for most of the specific crime categories are part of the overall statistics reported for each year. The only exceptions to this are the addition of Simple Assault, Intimidation, and any other crime that involves bodily injury that is not already included in the required reporting categories. If a Hate Crime occurs where there is an incident involving Intimidation, Vandalism, Larceny, Simple Assault or other bodily injury, the law requires that the statistic be reported as a hate crime even though there is no requirement to report the crime classification in any other area of the compliance document.

Note: A hate or bias related crime is not a separate, distinct crime, but is the commission of a criminal offense which was motivated by the offender’s bias. For example, a subject assault a victim, which is a crime. If the facts of the case indicate that the offender was motivated to commit the offense because of his/her bias against the victim’s race, sexual orientation, gender, gender identity, religion, ethnicity, national origin, or disability, the assault is then also classified as a hate/bias crime.

Criminal Offenses and Crime Statistics- Buzzards Bay Campus and Non-Campus Properties

table 1

 

 

 

 

 

 

 

 

 

table 1

 

 

 

 

 

 

 

 

 

 

 

 

*Dating Violence is not defined specifically in Massachusetts’ State laws. Incidents that would be categorized

as “dating violence” typically fall under the Massachusetts definition of “domestic violence” and this is reflected in the above reporting.

 

Criminal Offenses and Crime Statistics- T/S KENNEDY

Effective Spring 2022, the T/S Kennedy is referenced as a separate campus; statistics reflect this change.

table 2

 

 

 

 

 

 

 

 

*Dating Violence is not defined specifically in Massachusetts’ State laws. Incidents that would be categorized as “dating violence” typically fall under the Massachusetts definition of “domestic violence” and this is reflected in the above reporting.

Liquor, Drug, Weapons Arrest, and Disciplinary Referrals- Buzzards Bay Campus and Non-Campus Properties

table 3

 

 

 

 

 

 

 

 

 

 

Liquor, Drug, Weapons Arrest, and Disciplinary Referrals- T/S Kennedy

table 4

 

 

 


 

Hate Crime Statistics- Buzzards Bay Campus, T/S Kennedy, and Non- Campus Properties

It is important to note, that the following disclosed hate crime statistics include, by law, only those incidents where, through investigation, it is learned that a criminal act has occurred and that the perpetrator(s) committed the crime because of their bias against certain protected groups. Random acts of vandalism, while offensive to some, often do not fall into this category. See the next section regarding definitions for more information.

In 2021, 2020, and 2019 Mass Maritime did not have any crimes characterized by bias against any protected groups.

Unfounded Reports- Buzzards Bay Campus, TS Kennedy, and Non-Campus Properties In 2021, 2020, and 2019, the Massachusetts Maritime Academy Department of Public Safety had zero unfounded crime reports.

 

Definitions of Reportable Crimes

Clery Reportable Offense Crime definitions are taken from the Uniform Crime Reporting Handbook:

  • Aggravated Assault: an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could or probably would result in a serious potential injury if the crime were successfully completed.
  • Arson: Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property, etc.
  • Burglary: The unlawful entry of a structure to commit a felony or a theft. For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or a felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned.
  • Motor Vehicle Theft: The theft or attempted theft of a motor vehicle (Classify as motor vehicle theft all cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned-including joy riding).
  • Murder and Non-negligent Manslaughter: The willful (non-negligent) killing of one human being by another.
  • Manslaughter by Negligence: The killing of another person through gross negligence.
  • Rape is defined as 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, without the consent of the victim.
  • Fondling is defined as the touching of the private parts of another person for the purposes of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
  • Incest is defined as non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Statutory Rape is defined a non-forcible sexual intercourse with a person who is under the statutory age of consent.
  • Robbery: The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force, violence, and/or causing the victim fear.
  • Weapon Law Violations: The violation of laws or ordinances dealing with weapon offenses, regulatory in nature, such as: manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; furnishing deadly weapons to minors; aliens possessing deadly weapons; all attempts to commit any of the aforementioned.
  • Drug Law Violations: Violations of state and local laws relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs. The relevant substances include: opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics (demerol, methadones); and dangerous non-narcotic drugs (barbiturates, benzedrine).
  • Liquor Law Violations: The violation of laws or ordinances prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to a minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; all attempts to commit any of the aforementioned. (Drunkenness and driving under the influence are not included in this definition.)

 

Offense Definitions Relating to the Hate/Bias Related Crime Statistics as Per the UCR Hate Crime Reporting Guidelines

A hate crime is a criminal offense committed against a person or property which is motivated, in whole or in part, by the offender’s bias. Massachusetts Maritime Academy is required to report statistics for hate (bias) related crimes by the type of bias as defined below for the following classifications: murder/non- negligent manslaughter, negligent manslaughter, sex assault (rape, fondling, statutory rape and incest), robbery, aggravated assault, burglary, motor vehicle theft, arson (see definitions above) and larceny, vandalism, intimidation, and simple assault (see definitions below).

  • Larceny: The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.
  • Vandalism: To willfully or maliciously destroy, injure, disfigure, or deface any public or private property, real or personal, without the consent of the owner or person having custody or control by cutting, tearing, breaking, marking, painting, drawing, covering with filth, or any other such means as may be specified by local law.
  • Intimidation: To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.
  • Simple Assault: An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration or loss of consciousness.

Note: If a hate crime occurs where there is an incident involving intimidation, vandalism, larceny, simple assault or other bodily injury, the law requires that the statistic be reported as a hate crime even though there is no requirement to report the crime classification in any other area of the compliance document.

A hate or bias related crime is not a separate, distinct crime, but is the commission of a criminal offense which was motivated by the offender's bias. For example, a subject assault a victim, which is a crime. If the facts of the case indicate that the offender was motivated to commit the offense because of his bias against the victim's race, sexual orientation, etc... the assault is then also classified as a hate/bias crime.
 

Geography definitions are taken directly from the Clery Act

On-Campus-Defined as:

  1. Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of or in a manner related to the institution's educational purposes, including Dormitories;
  2. Any building or property that is within or reasonably contiguous to the area identified in paragraph (1), that is owned by the institution but controlled by another person, is frequently used by students and supports institutional purposes (such as a food or retail vendor).

Non-Campus Building or Property-Defined as:

  1. Any building or property owned or controlled by a student organization that is officially recognized by the institution; or
  2. Any building or property owned or controlled by an institution that is used in direct support of or in relation to the institution's educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.

Public Property-Defined as:

  1. All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus or immediately adjacent to and accessible from the campus.

Note: Statistics for “Dormitories” are also counted in the “On-Campus” crime category. The law requires institutions to break out the number of “On-Campus” crimes that occur in dormitory/residential facilities.

 

Fire Safety Report

The federal Higher Education Opportunity Act of 2008 includes provisions known as the Campus Fire Safety Right-to-Know Act. These provisions require colleges and universities to report fire safety information to the U.S. Department of Education, and to make annual fire safety reports available to the public and the campus community.
 

Fire Safety on campus is the responsibility of the Department of Public Safety. On- campus fire and ambulance response services are provided by the Bourne Fire Department.

MMA Annual Fire Safety and Security Report is online, and a printed copy may be obtained upon request. Copies are available at the Massachusetts Maritime Academy Public Safety Department on the first floor in the Bresnahan Hall or by calling 508- 830-5000 extension 1025 or their cell

508- 726-0798. They are also available at the Human Resource Office, first-floor Harrington Building or by calling the dean of human resources at 508- 830-5086. Please take the time to familiarize yourself with this report, our online emergency response training, and our emergency preparedness guides posted throughout the campus.

 

Statement of Policy Regarding Portable Electrical Appliances, Smoking, and Open Flames

Massachusetts Maritime Academy prohibits all portable electrical appliances, smoking, and open flames in student dormitories. Smoking is prohibited campus wide. Open flames must be approved through the MMA Administration.

 

Definition of Fire

Fire: Any instance of open flame or other burning in a place not intended to contain the burning or in an uncontrolled manner.

Examples of fires in places not intended to contain burning:

  • Trash can fire
  • Oven or microwave fire
  • Burning oven mitt on a stove
  • Grease fire on a stovetop
  • Flame coming from electric extension cord
  • Burning wall hanging or poster
  • Fire in an overheated bathroom vent fan
  • Couch that is burning without any flame evident

Examples of fires burning in an uncontrolled manner:

  • Chimney fire
  • Gas stove fire
  • Fuel burner or boiler fire

 

Procedure to Follow in the Case of a Fire

  1. Activate the Fire Alarm system pull station
  2. Notify MMA Public Safety by dialing ext. 5060 or dialing 911
  3. Give a clear location and advise the extent of the fire
  4. Protect the safety of students, visitors, guests, faculty, and staff
  5. Attempt to contain and extinguish fire only if safe to do so
  6. Close all windows and doors to contain fire spread
  7. If possible, secure important records
  8. Activate communications plan as soon as possible

 

Procedures for Student Housing Evacuation- MMA Buzzards Bay Campus and Mariner’s Inn

Overall Procedures:

  • Signal an evacuation from the building by using the fire alarm
  • Follow the evacuation routes posted in the room unless otherwise advised
  • Do not us elevators
  • Close your classroom doors when leaving the room
  • Exit at least 300ft from the building to designated muster location.
  • Notify Public Safety (508) 726-0798
  • Once outside, maintain calm, do not re0enter building and await further instruction from Public Safety, MMA Personnel, or Emergency Responder
  • Report any known missing student/personnel to Public Safety/ Emergency Responder

 

Procedures for Student Evacuation- T/S Kennedy

Overall Procedures:

  • Signal an evacuation from the building by using the fire alarm, calling to the bridge of the vessel, or by calling the Captain of the vessel.
  • Follow the evacuation routes posted in the room, on your billet card, or on the station bill unless otherwise advised
  • Do not use elevators
  • Close any door when leaving the room
  • Once at evacuation station, maintain calm, do not leave from area unless instructed by Shipboard Officer.
  • Await further instruction from Captain of vessel
  • Report any known missing student/personnel to Shipboard Officer or Captain.

 

Fire Safety Education and Training Programs

All Academy student residents are provided information of fire safety and evacuation procedures specific to their dormitories during fall semester. During the Academy’s Orientation, Freshmen take an in-person 4-hour fire lecture and training program. During this training, they are educated on the following:

  • Fire triangles
  • Fire extinguishers
  • Self-Contained Breathing Apparatus (SCBA)
  • Fire Hoses and Nozzles
  • Fire Safety in the Dormitories
  • Fire Safety on the TS Kennedy

 

Reporting Fires- Massachusetts Maritime Academy’s Buzzards Bay Campus

In the event of a fire, for immediate assistance, please dial 911. To report fire’s that do not require immediate assistance please notify MMA Public Safety at 508-726-0798.

 

Reporting Fires- Massachusetts Maritime Academy’s Training Ship Kennedy

In the event of a fire immediately call up to the bridge of the vessel or call the Captain’s Office.

 

Plans for Future Improvements in Fire Safety

The Academy continuously assesses fire safety systems and as opportunities allow enhancements are made to the equipment. Currently, the Academy does have any plans for future improvements to fire safety systems, barring any unforeseen circumstances. All new construction will be built up to established fire code.

 

Fire Drills

In accordance with the Higher Education Opportunities Act of 2008, MMA provides mandatory fire safety information as part of this Annual Safety and Security Report. All reports of fires and fire alarms are maintained in a database in the Massachusetts Maritime Academy Department of Public Safety.

Data collected includes, but is not limited to, the building name; alarm location; time and date; the number and cause of each fire; any and all injuries; any fatalities; and dollar values for property damaged by the fire.

Fire Systems

All buildings have portable fire extinguishers and are networked to the central fire alarm located in the power plant which reports via the Kingfisher Panel to the Bourne FD via radio link. The carpenter shop, dock steam generator building, ship transformer building, marine operations building and aquaculture lab are not connected to the central fire alarm.

table 1

The T/S Kennedy houses student’s only from January-March during the Academy’s Annual 52-day Sea Term. There is also a 3-day Orientation Mini Cruise in August when students, faculty & staff reside and train aboard. The number of drills conducted reflect Annual 52-day Sea Term and the 3- day mini cruise time period in the below statistics. The Fire Systems are per USCG requirements.


Table 2

 

Fire Statistics- 2021 Fire Safety Report: Buzzards Bay Main Campus

Table 3

 

Fire Statistics- 2021 Fire Safety Report: T/S Kennedy

While the vessel it out at sea, there is no permanent fixed address. The MMSI number (Maritime Mobile Service Identity) is a unique nine-digit number for identifying a ship. It is programmed into all AIS systems and VHF electronics on board the vessel and provides an internationally standardized number for contacting the vessel. This is what is used to get the location of the vessel. The T/S Kennedy’s MMSI number is 338919000. The statistics listed refer only to the time the Academy houses students onboard during the annual 52-day Sea-term.

table 4

 

Fire Statistics- 2020 Fire Safety Report: Buzzards Bay Main Campus

table 5

 

Fire Statistics- 2019 Fire Safety Report: Buzzards Bay Main Campus

Table 6

 

MMA Campus MapKey of Campus Map

Massachusetts Maritime Academy Main Campus On-Campus Property

Address: 101 Academy Drive, Buzzards Bay, MA 02532

Screenshot of MMA Campus as seen from google maps satelite

Massachusetts Maritime Academy Mariner’s Inn Campus Property On- Campus Property & Student Housing

Address: 3224 Cranberry Highway, Wareham MA 02571

Satelite view of Mariners Inn

Massachusetts Maritime Academy’s Satellite “C” Parking- On Campus

Address: 8 Taylor Point Road, Buzzards Bay, MA 02532

Satelite View of C Lot

Massachusetts Maritime Academy- Parking Lot “K”- Non-Campus

Address: 14 Kendall Place, Buzzards Bay, MA 02532

Satelite view of K Lot

Massachusetts Maritime Academy- Operations Building- Non-Campus

Address: 320 Main Street, Buzzards Bay, MA 02532

Satelite View of Operations building

Massachusetts Maritime Academy- Keith Hartford Center- Non-Campus

Address: 43 Trails End Cove Road, Plymouth, MA 02360

Satellite View of Sailing center

 

Campus Map

image 1

 

Massachusetts Maritime Academy Main Campus On-Campus Property

Address: 101 Academy Drive, Buzzards Bay, MA 02532
2

 

Massachusetts Maritime Academy Mariner’s Inn Campus Property On- Campus Property & Student Housing

Address: 3224 Cranberry Highway, Wareham MA 02571
3

 

Massachusetts Maritime Academy’s Satellite “C” Parking- On Campus

Address: 8 Taylor Point Road, Buzzards Bay, MA 02532
4

 

Massachusetts Maritime Academy- Parking Lot “K”- Non-Campus

Address: 14 Kendall Place, Buzzards Bay, MA 02532
5

 

Massachusetts Maritime Academy- Operations Building- Non-Campus

Address: 320 Main Street, Buzzards Bay, MA 02532
6

 

Massachusetts Maritime Academy- Keith Hartford Center- Non-Campus

Address: 43 Trails End Cove Road, Plymouth, MA 02360
7