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Title IX

Inclusion and Safety

TO THE MASSACHUSETTS MARITIME ACADEMY COMMUNITY:

At the Commonwealth’s leadership university we strive to create an environment that is free from sexual misconduct. We strive for an Academy welcoming to all genders that promotes education, inclusion, and safety. It is our hope that this website will provide you with information and resources to navigate these difficult situations.

Here, you will find the Academy’s policy on sexual misconduct, relationship violence and stalking, as well as reporting options, an outline of college procedures and medical and counseling services. In accordance with the Final Ruling, the Massachusetts State College “Title IX Sexual Harassment Policy” provides for a prompt and equitable investigation and adjudication process in cases that implicate the Policy, and to provide recourse for individuals whose rights have been violated regardless of that person’s sex, sexual orientation, gender identity or gender expression.

Thanks to the ongoing partnership of many offices on our campus, we will continue to offer and grow educational programs and training sessions for students, faculty, and staff. Massachusetts Maritime Academy supports all members of our community, but we cannot do it alone. We encourage you to familiarize yourself with the resources on this website and invite you to engage and support our community members on these important issues. 

LAUREN MURPHY

Title IX -Co-Coordinator for Student Complaints
Phone: 508-830-5148
lmurphy@maritime.edu

ELIZABETH BENWAY

Title IX Co-Coordinator for Faculty, Staff  & Visitor Complaints
Phone: 508-830-5086
ebenway@maritime.edu 

MASSACHUSETTS MARITIME ACADEMY TAKES ALL REPORTS OF SEXUAL HARASSMENT AND SEXUAL ASSAULT SERIOUSLY. TO MAKE A REPORT, PLEASE GO TO THE SEXUAL HARASSMENT AND SEXUAL ASSAULT REPORTING FORM.

AMNESTY

Students may be hesitant to report sexual violence, sexual harassment, gender-based harassment or discrimination, domestic/dating violence, stalking or retaliation out of concern that they, or witnesses, might be charged with violations of the Academy’s drug/alcohol policies or other violations within the Regimental Manual.  While the Academy does not condone such behavior, we place a priority on the need to address sexual violence and other violations of Title IX.  Accordingly, the Academy may elect not to pursue discipline against a student who, in good faith, reports, witnesses or possesses person knowledge of sexual violence, stalking or retaliation.

 

Massachusetts Maritime Academy is guided by internal policies and current federal and state regulations of Title IX. These policies, definitions, and violations are outlined here for reference.

Equal Opportunity Plan

Title IX Policy

Student Code of Conduct (Regimental Manual)

Amnesty information:

Students may be hesitant to report sexual harassment, sexual assault, domestic or dating violence, stalking, or retaliation out of concern that they, or witnesses, might be charged with violations of the Academy’s drug/alcohol policies or other student conduct policy violations. While the Academy does not condone such behavior, it places a priority on the need to address sexual harassment and other conduct prohibited by this Policy. Accordingly, the Academy shall not pursue discipline against a student who, in good faith, reports, witnesses, or participates in an investigation of sexual harassment, sexual assault, domestic or dating violence, stalking, or retaliation, unless such violation was egregious. An egregious violation shall include, but not be limited to, taking an action that places the health and safety of another person at serious and imminent risk.

False Reporting information:

The initiation of a knowingly false report of sexual harassment, domestic violence, dating violence, stalking, or retaliation is a serious offense prohibited by this Policy. A report made in good faith, however, is not considered false merely because the evidence does not ultimately support the allegation of prohibited conduct. If an investigation reveals that a Complainant knowingly filed false charges, the Academy shall take appropriate actions and issue sanctions pursuant to other applicable Academy policies, including any applicable collective bargaining agreement. The imposition of such sanctions does not constitute retaliation under this Policy.

Policy Offenses information:

Sexual Harassment
The Universities prohibit, under this Policy, conduct on the basis of sex that satisfies one or more of the following conditions:
1. An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct; or,
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity.

Sexual Assault
An offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. Attempts to commit any of these acts are also prohibited.
(i) Sexual Assault – Rape
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 (or attempts to commit the same). This includes any gender of victim or Respondent.
(ii) Sexual Assault – Fondling
Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances in which the victim is incapable of giving consent because of age and/or because of temporary or permanent mental
incapacity
(iii) Statutory Rape
Sexual intercourse with a person who is under the statutory age of consent, which is 16 years old in Massachusetts.
(iv) Incest
Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Dating Violence
Any act of violence or threatened violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the
relationship, (ii) The type of relationship, and (iii) the frequency of interaction between the persons involved in the relationship. This includes, but is not limited to, sexual, emotional or physical abuse, or the threat of such abuse.

Domestic Violence
Includes 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 receiving grant monies, 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.

Stalking
Engaging in a course of conduct directed (directly, indirectly, through a third party or other means) at a specific person that would cause a reasonable person to— (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress. For the purposes of this Policy, the behaviors must be directly related to that person’s sex.

Retaliation
Neither the Universities 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 or this policy, or 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.

Massachusetts Maritime Academy takes all reports of sexual harassment and sexual assault seriously.
The following resources are available to you:

Title IX Coordinators

Law Enforcement

Confidential Reports

Anonymous Reports

Mandated Reporters

In Accordance to the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act codified as subsection (f) of 20 U.S.C. section 1092 reports of Sexual Assault, Dating Violence, Domestic Violence and Stalking may be shared with Massachusetts Maritime Academy Police Department as a statistic. Crimes that pose a serious threat to the campus or near campus communities may facilitate a timely warning and emergency notification. If reported to a licensed counselor they will not be shared with Massachusetts Maritime Academy Police Department unless permission is granted.

These statistics are shared in the Academy’s Annual Security Report

Reporting an incident is different than filing a formal complaint. If you are “reporting,” you will be contacted to notify you of your rights, as well as supportive measures and resources available to you. You will then be asked if you would like to file a formal complaint and initiate the Title IX Grievance Process.

A formal complaint is a document filed by a Complainant (alleged victim) or signed by the Title IX Coordinator alleging sexual harassment against a Respondent (alleged offender)  and requesting that the Academy formally investigate. At the time of filing a formal complaint, a Complainant must be participating in, or attempting to participate in, the education program or activity of the Academy with which the formal complaint is filed. 

What are Supportive Measures and How to Request Them?

Written Notification of Rights

Formal Complaint Grievance Process

File a formal complaint

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. A hospital can perform a rape evidence collection procedure and test for “date rape” drugs. 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. 

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 Massachusetts Maritime Academy 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 Massachusetts Maritime Academy Police Department or other appropriate law enforcement entity to preserve evidence in the event that the victim changes their mind at a later date.

Frequently Asked Questions After Sexual Assault

Information on receiving medical attention

Every person can have an impact in preventing sexual violence, relational violence, gender based discrimination or harassment, stalking or retaliation. Each of us can send a clear message that we as a community, will step up to prevent and intervene in incidents that may be harmful to an individual or our community.

Remember the 3Ds to bystander intervention:
  • Distract from the incident. Cause a diversion.
  • Delegate to other friends, faculty or a staff member to help.
  • Directly intervene by outreaching to the impacted individual for support, or to stop the individual engaging the problematic behavior or comments.

If you witness or experience any type of sexual or relational misconduct, or gender based discriminatory behavior, report it. 

Rainn.org is a great tool to learn more information.

Together, we can create a healthy and safe campus environment.

In compliance with the requirements of Title IX, 34 C.F.R.§106.45 (b)(10)(D), Massachusetts Maritime Academy has provided training to all Title IX personnel including Title IX Coordinators, Administrative Investigator(s), Decision-Maker(s), and Facilitator(s).

In June 2023, Massachusetts Maritime Academy became a member of the SUNY Student Conduct Institute. The SUNY SCI provides comprehensive digital training modules that Massachusetts Maritime Academy uses to train all university personnel who participate in any part of the Title IX Grievance process. The training details best practices in the investigation and conduct process that comply with applicable case law, Title IX guidance and the Clery Act.

Student Conduct Institute Logo

 

Additionally, Title IX Coordinators, Appellate Officers and Hearing Panel Decision Makers, and several Student Services personnel trained in conducting Title IX investigations, participated in the following trainings and presentations (outside of SUNY training):

Student Services Title IX Coordinator 

Human Resources Title IX Coordinator

Investigator

Hearing Panel / Decision Makers

Appeal Officer Training