Regimental Manual - APPENDIX E

APPENDIX E
Reviewed 22 February 2018

Sexual Violence

All faculty, staff, administrators and students at the Massachusetts Maritime Academy will be required to complete the online education program, Workplace Answers/Campus Answers, to teach about preventing discrimination, sexual violence, Title IX, VAWA and the Clery Act.

Preventing and Responding to Sexual Harassment & Assault

Sexual Violence is defined as follows:

Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the student’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent).  A number of different acts fall into the category of sexual violence, including but limited to, rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.  Sexual violence can be carried out by school employees, other students, or third parties.  All such acts of sexual violence are forms of sex discrimination prohibited by Title IX.
(1)    Sex Offenses Policies and Procedures

Sexual Assault Educational Programs

The Academy offers educational programs aimed at preventing sexual assault and harassment. These programs promote the awareness of rape, acquaintance rape, and other forcible and non-forcible sex offenses.

The Academy educates the student body about sexual assaults and date rape through mandatory freshman orientation each fall. The Police Department offers sexual assault education and information programs to the campus community upon request. Literature on date rape education, risk reduction, and the Academy’s response is available through the Commandant of Cadet's Office.

(2)     Reporting the Assault

If You Are Sexually Assaulted, Be Sure To Take The Following Steps:

  • Report the incident as soon as possible to the MMA Public Safety Department, which is open 24 hours a day, seven days a week. The Public Safety Department is located in the Bresnahan Hall. If you are on campus, call ext. 1025. If you are calling from off campus, dial 508-830-5000 ext: 1025.
  • Students have the option to notify appropriate law enforcement authorities, including the MMA Public Safety Department and the Bourne Police Department, depending on where the assault occurred.  Academy personnel will assist the student in notifying these authorities, if the student requests assistance.
  • Title IX Individuals may also report a sex offense to the Academy’s Title IX coordinators. This office is responsible for coordinating the institution’s compliance with Title IX. The Title IX Coordinator is Elizabeth Benway, Director of Human Resources, (508-830-5086), whose office is in the Harrington Hall. The institution’s sexual harassment policy, including a description of the grievance procedures can be found in the MASSACHUSETTS STATE COLLEGES AFFIRMATIVE ACTION / EQUAL OPPORTUNITY/ DIVERSITY PLAN on the MMA website under the Equal Opportunity & Diversity on Quick Links. The web link is below: maritime.edu/office-equal-opportunity-diversity.  Get medical attention. It is important to get medical attention --- as soon as possible after the assault --- from a hospital emergency room, or private physician. Treatment may include testing for sexually transmitted diseases, and giving medication to prevent pregnancy. Documenting evidence of the sexual assault for use in legal proceedings is also part of the procedure.
  • MMA students, who report an incident of sexual assault to the MMA Public Safety Department, may be transported and accompanied to the appropriate community-based hospital for medical attention.
  • Be sure to preserve any evidence that may be necessary to prove the assault occurred. Do not shower or bathe, douche, or change or launder any clothing worn during the assault, until you are examined by a doctor.

NOTE: In cases where a sexual assault victim has bathed, showered, or otherwise compromised potential evidence, he/she should still report the assault; as such actions may not prevent prosecution or conduct proceedings from going forward.

Various counseling options are available from the Academy through the Health Services, including Mental Health counseling, (508.830.5000 x1480). Counseling and support services outside the Academy may be obtained through the Independence House/Cape Cod Rape Crisis Center indhouse.net/counseling-  services/sexual-violence/. Confidential counseling is also available at New Day Health Imperatives, (Hotline:  508. 588.8255). healthimperatives.org/anewday/new-day
(3)     Resources and Assistance For Vicims of Sexual Assault

Various counseling options are available from the Academy through the Health Services, including Mental Health counseling, (508.830.5000 x1480). Counseling and support services outside the Academy may be obtained through the Independence House/Cape Cod Rape Crisis Center indhouse.net/counseling-  services/sexual-violence/. Confidential counseling is also available at New Day Health Imperatives, (Hotline: 508. 588.8255). healthimperatives.org/anewday/new-day
(4)     Notification to Students of Change in Academic and Housing Following an Incident of Sexual Misconduct

The Academic Dean can provide assistance to a student if he/she requests to make changes in his/her academic status or living situation after an assault has occurred. Student victims have the option to change their academic and/or on-campus living situations after an alleged sexual assault, if such changes are reasonably available.
(5)     Policy Regarding Campus Disciplinary Procedures in Case of an Incident of Sexual Misconduct

An MMA student charged with sexual assault under the Academy's sexual assault policy may be disciplined under the appropriate MMA Student Code of Conduct, as well as prosecuted under Massachusetts’s criminal statutes.

Whether or not a criminal prosecution occurs, the Academy retains the right to proceed with disciplinary action at any time. The Academy need not await the disposition of any such criminal prosecution. The disciplinary action will be handled in accordance with the student code of conduct.

Possible sanctions that may be imposed following the final determination of an on-campus disciplinary procedure regarding rape, acquaintance rape, or other sexual offenses may include dismissal or expulsion, suspension or conduct probation.

Academy disciplinary proceedings, as well as special guidelines for cases involving sexual misconduct, are detailed in the Regimental Manual. The Regimental Manual provides, in part, that the accused and the victim will each be allowed to choose one person who has had no formal legal training to accompany them throughout the hearing. A student found guilty of violating the Academy sexual misconduct policy could be criminally prosecuted in the state courts and may be suspended or expelled from the Academy for the first offense.

Cadets must realize that regardless of major, while aboard ship and complying with the ship’s regulations, they are subject to disciplinary reporting to the US Coast Guard. Should the cadet return to the Academy and continue matriculation without any further problems, then the Academy will give the USCG a positive character reference on the license application. The USCG may do a separate investigation into the character of the cadet (applicant for license).

Educational programs that promote the awareness of rape, acquaintance rape and other sex offenses are presented by the Campus Police Department and Health Services. The Commandant of Cadets, Athletic Department, Health Services and other designated CSA individuals are available to help students. All CSA offices have been made aware of the seriousness of sexual offenses and would make appropriate referrals.
(6)     Investigative Process

When an allegation is made by a student or employee against another student or employee that is covered by the Clery Act, Title IX or the Violence Against Women Act or is potentially a felony, the responsible Academy official who is made aware of the allegation shall formally report the allegation as soon as possible, preferably in writing, to the Vice President of Student Services. The Vice President, once notified, shall make the determination, using the table below, of which Academy department shall serve as the lead investigating department.

Additionally the Vice President shall inform all potential lead departments of the allegation within 24 hours regardless of the determination of the lead.

Severity of Allegation
Lead Department
Allegation appears to meet or exceed criminal threshold Public Safety
Allegation appears to meet or exceed Title IX threshold yet does not meet criminal threshold OR the allegation is an employee on employee complaint OR the allegation is a student on employee complaint Human Resources
Allegation does not meet either criminal or Title IX threshold AND is a student on student complaint Commandant's Office

(7)     Statement of Accussed and Accuser Notification of Outcome of Disciplinary Procedure

In cases where an MMA student is charged with sexual assault, the student code of conduct provides that both the accuser and accused are entitled to the same opportunities to have others present during a campuS disciplinary proceeding.  Both the accuser and the accused are entitled to have others present during a disciplinary hearing.  MMA will disclose to the alleged victim of a crime of violence or a non-forcible sex offense the report containing results of any disciplinary proceeding conducted by the institution 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.
(8)     Sex Offender Registry

In accordance to the "Campus Sex Crimes Prevention Act" of 2000, which amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, the Jeanne Clery Act and the Family Educational Rights and Privacy Act of 1974, the Massachusetts Maritime Police Department is providing a link to the Massachusetts State Police Sex Offender Registry. This act requires institutions of higher education to issue a statement advising the campus community where law enforcement information provided by a State concerning registered sex offenders may be obtained. It also requires sex offenders already required to register in a State to provide notice of each institution of higher education in that State at which the person is employed, carries a vocation, or is a student. In the Commonwealth of Massachusetts, convicted sex offenders must register with the Sex Offender and Crimes Against Minors Registry maintained by the Department of State Police.  In Massachusetts this information can be found at www.mass.gov/eopss/crime-prev-personal-sfty/sex-offenders/obtaining-information-about-sex-offenders.html

NOTE: The Higher Education Amendments of 1998 enacted during the 105th Congress on October 7, 1998 include revisions. The campus security section of the federal Higher Education Act is formally named in memory of Jeanne Clery.
(9)     Unlawful Use of the Information For Purposes of Intimidating or Harassing Another is Prohibited and Willful Violation Shall be Punishable as a Class 1 Misdemeanor

The Massachusetts State Police is responsible for maintaining this registry. Follow the link below to access the Massachusetts State Police website. www.mass.gov/eopss/agencies/sorb/