Appendix A – Determining Confidentiality

If a complainant requests that his or her name not be used, NEC will take all reasonable steps to respond and investigate in a manner consistent with that request, so long as doing so does not prevent the school from responding effectively and preventing the harassment of other students or the reporting party.

 

Confidentiality cannot be guaranteed if there is a Pattern, Predation, Threat, Violence, or a Weapon involved in the report.  To make this determination, NEC will consider

  • Additional complaints of sexual violence involving the same perpetrator
  • Whether the sexual violence was committed by multiple perpetrators (as this shows predation)
  • Whether the perpetrator has a history of arrests or records from a prior school indication a history of violence
  • Whether the student or employee’s report reveals a pattern of perpetration at a given location or by a particular group
  • Whether the alleged perpetrator threatened further sexual violence against the employee, student, or others
  • Whether the sexual violence was perpetrated with a weapon
  • Age of the victim
  • Whether the school possesses other means to obtain relevant evidence (e.g. security camera or personnel, or physical evidence)

If confidentiality cannot be granted:

  • The adjudication process will still be available to the complainant;
  • NEC will continue to support the complainant as outlined in Appendix B (e.g. housing, classes, no contact, etc.);
  • NEC will provide relevant information only to those with a need to know.

 

Appendix B: Rights of the Complainant and Respondent

 

Complainant’s rights:

 

  • The right to an investigation and appropriate resolution of all credible allegations of sexual misconduct or discrimination made in good faith to NEC officials;

 

  • The right to be informed in advance of any public release of information regarding the incident;

 

  • The right not to have any personally identifiable information released to the public, without consent;

 

  • The right to be treated with respect by NEC officials;

 

  • The right to have NEC policies and procedures followed without material deviation;

 

  • The right not to be pressured to mediate or otherwise informally resolve any reported sexual misconduct or sexual‑ or gender‑based discrimination or harassment; 

 

  • The right not to be discouraged by NEC officials from reporting sexual misconduct or sexual‑ or gender‑based discrimination or harassment to both on-campus and off-campus authorities;

 

  • The right to be informed by NEC officials of options to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying such authorities, if the reporting party so chooses. This also includes the right not to be pressured to report, as well;

 

  • The right to have reports of sexual misconduct or sexual‑ or gender‑based discrimination or harassment responded to promptly and with sensitivity by campus law enforcement and other campus officials;

 

  • The right to be notified of available counseling, mental health, victim advocacy, health, legal assistance, student financial aid, visa and immigration assistance, or other student or employment services, both on campus and in the community;

 

  • The right to a campus no‑contact order (or a trespass order against a non-affiliated third party) when someone has engaged in or threatens to engage in stalking, threatening, harassing or other improper behavior that presents a danger to the welfare of the reporting party or others;

 

  • The right to notification of and options for, and available assistance in, changing academic and living situations after an alleged sexual misconduct or sexual‑ or gender‑based discrimination or harassment incident, if so requested by the reporting party and if such changes are reasonably available. No formal report or investigation (campus or criminal), need occur before this option is available.  Accommodations may include:
    • Change of an on-campus student’s housing to a different on-campus location;
    • Assistance from NEC support staff in completing the relocation;
    • Transportation accommodations;
    • Arranging to dissolve a housing contract and pro-rating a refund;
    • Exam (paper, assignment) rescheduling;
    • Taking an incomplete in a class;
    • Transferring class sections;
    • Temporary withdrawal;
    • Alternative course completion options.

 

  • The right to have NEC maintain such accommodations for as long as is necessary, and for protective measures to remain confidential, provided confidentiality does not impair the institution’s ability to provide the accommodations or protective measures;

 

  • The right to be fully informed of campus policies and procedures as well as the nature and extent of all alleged violations contained within the report;

 

  • The right to ask the investigators to identify and question relevant witnesses, including expert witnesses;

 

  • The right to be informed of the names of all witnesses whose information will be used to render a finding, in advance of that finding, except in cases where a witness’s identity will not be revealed to the respondent for compelling safety reasons. This exception does not apply to the disclosure of the name of the complainant, which will always be provided to the respondent;

 

  • The right not to have irrelevant prior sexual history admitted as evidence;

 

  • The right to regular updates on the status of the investigation and/or resolution;

 

  • The right to have reports addressed by investigators and Title IX Team members who have received annual training on sexual misconduct or sexual‑ or gender‑based discrimination or harassment;

 

  • The right to preservation of privacy, to the extent possible and permitted by law;

 

  • The right to meetings and/or interviews that are closed to the public;

 

  • The right to petition that any NEC representative in the process be recused on the basis of demonstrated bias or conflict-of-interest;

 

  • The right to bring a victim advocate or advisor of the reporting party’s choosing to all phases of the investigation and resolution proceeding;

 

  • The right to submit an impact statement in writing to the Title IX Coordinator following determination of responsibility, but prior to sanctioning;

 

  • The right to be promptly informed of the outcome and sanction of the resolution process in writing, without undue delay between the notifications to the parties;

 

  • The right to be informed in writing of when a decision is considered final, any changes to the sanction to occur before the decision is finalized, to be informed of the right to appeal the finding and sanction of the resolution process, and the procedures for doing so in accordance with the standards for appeal established by NEC.

 

Statement of the Respondent’s rights

 

  • The right to an investigation and appropriate resolution of all credible reports of sexual misconduct or sexual‑ or gender‑based discrimination or harassment made in good faith to NEC administrators;

 

  • The right to be informed in advance, when possible, of any public release of information regarding the report;

 

  • The right to be treated with respect by NEC officials;

 

  • The right to have NEC policies and procedures followed without material deviation;

 

  • The right to be informed of and have access to campus resources for medical, health, counseling, and advisory services;

 

  • The right to timely written notice of all alleged violations, including the nature of the violation, the applicable policies and procedures and possible sanctions; 

 

  • The right to review all documentary evidence available regarding the report, subject to the privacy limitations imposed by state and federal law, prior to the finding by Title IX Team;

 

  • The right to be informed of the names of all witnesses whose information will be used to render a finding, prior to final determination, except in cases where a witness’s identity will not be revealed for compelling safety reasons. This exception does not include the name of the complainant, which will always be revealed;

 

  • The right not to have irrelevant prior sexual history admitted as evidence in a campus resolution process;

 

  • The right to have reports addressed by investigators and Title IX Team members who have received annual training on sexual misconduct or sexual‑ or gender‑based discrimination or harassment;

 

  • The right to petition that any NEC representative be recused from the resolution process on the basis of demonstrated bias and/or conflict-of-interest;

 

  • The right to meetings and interviews that are closed to the public;

 

  • The right to have an advisor of their choice to accompany and assist throughout the campus resolution process;

 

  • The right to a fundamentally fair resolution, as defined in these procedures;

 

  • The right to provide an impact statement in writing to the Title IX Coordinator following any determination of responsibility, but prior to sanctioning;

 

  • The right to a decision based solely on evidence presented during the resolution process. Such evidence shall be credible, relevant, based in fact, and without prejudice;

 

  • The right to be promptly informed of the outcome and sanction of the resolution process in writing, without undue delay between the notifications to the parties;

 

  • The right to be informed in writing of when a decision is considered final, any changes to the sanction to occur before the decision is finalized, to be informed of the right to appeal the finding and sanction of the resolution process, and the procedures for doing so in accordance with the standards for appeal established by NEC.

 

Appendix C: Investigation Process

 

Once the decision is made to commence a formal investigation, the Title IX Coordinator will appoint a designated investigator to conduct the investigation, usually within two (2) days of determining that an investigation should proceed. Investigations are completed expeditiously, normally within sixty (60) days, though some investigations take weeks or even months, depending on the nature, extent, and complexity of the allegations, availability of witnesses, police involvement, etc.

The investigator(s) will typically take the following steps, if not already completed (not necessarily in order):

1.       In coordination with campus partners (e.g.: the Title IX Coordinator), initiate or assist with any necessary remedial actions;

2.       Determine the identity and contact information of the complainant;

3.       Identify all policies allegedly violated;

4.       Assist the Title IX Coordinator with an immediate preliminary inquiry to determine if there is reasonable cause to believe the respondent has violated policy.

5.       If there is insufficient evidence to support reasonable cause, the inquiry should be closed with no further action;

6.       Commence a thorough, reliable, and impartial investigation by developing a strategic investigation plan, including a witness list, evidence list, intended timeframe, and order of interviews for all witnesses and the respondent, who may be given notice prior to or at the time of the interview;

7.       Prepare the notice of allegation(s) on the basis of the preliminary inquiry;

8.       Meet with the complainant to finalize his or her statement, if necessary;

9.       Prior to their interviews, NEC will provide written notification to both parties of their right to have an NEC advocate of their choosing present for all meetings attended by the applicable party;

10.   Provide complainant and respondent with a written description of the alleged violation(s), a list of all policies allegedly violated, a description of the applicable procedures; and a statement of the potential sanctions/responsive actions that may result;

11.   Prior to the conclusion of the investigation, provide the complainant and the responding party respondent with a list of witnesses interviewed whose statements will be used to render a finding;

12.   Allow each party the opportunity to suggest questions they wish the investigators to ask of the other party and witnesses.

13.   Provide parties with all relevant evidence to be used in rendering a determination and provide each with a full and fair opportunity to address that evidence prior to a finding being rendered;

14.   Complete the investigation promptly, and without unreasonable deviation from the intended timeline;

15.   Provide regular updates to the reporting party throughout the investigation, and to the responding party, as appropriate;

16.   Present a final report of the investigation to the Title IX Team

17.   The Title IX Team will then find whether a policy violation is more likely than not to have occurred, based on a preponderance of the evidence;

18.   Findings will be presented to the appropriate NEC Administrator, who will then determine appropriate sanctions:

a.       For sanctions against students, the Dean of Students

b.      For sanctions against NEC employees, the President or appointed designee

19.   The Title IX Coordinator will finalize and present the findings and sanctions to the parties, without undue delay following the end of the investigation;

20.   At any point during the investigation, if there is no reasonable cause to believe that NEC’s Title IX policy has been violated, the Title IX Coordinator has authority to terminate the investigation and end resolution proceedings.

 

Appendix D: Education Programs and Campaigns

1.       All incoming students are required to complete the Haven course, a web-based informational program that educates students on healthy relationships, the meaning of sexual consent and the role of the bystander in creating a safe and healthy community.

2.       All new employees are required to complete the on-line program: Faculty & Staff Guide to Conservatory Policies, Procedures, and Resources.

3.       All incoming undergraduate students are required to attend an Orientation session sponsored by the Boston Area Rape Crisis Center. Tailored specifically to the NEC student community, the program is designed to address assumptions about sexual violence and the concept of the active bystander.

4.       All members of the community will receive updates about ongoing campaigns to increase awareness about how to practice safe sex and avoid Title IX violations, which are sponsored by various departments of the Office of Student Services including Residence Life, Student Activities, and the Health and Counseling Center.

5.       All members of the community will benefit from ongoing “passive programs” (i.e., bulletin boards, emails, social media notifications, etc.), which are updated annually to ensure community knowledge about NEC’s commitment to providing a safe environment in compliance with all state and federal guidelines.

 

Appendix E:  Additional Resources for the New England Conservatory of Music

The Boston Area Rape Crisis (BARCC) 24 Hour Hotline

800-841-8371

617-492-7273

www.barcc.org/help

   

Victims’ Rights Law Center

 Phone: 617-399-6720 x19

Fax: 617-399-6722

115 Broad Street, 3rd floor

 Boston, MA 02110

 

Boston Police Sexual Assault Unit

Phone: 617-343-4400

Gay Men’s Domestic Violence Project
800-832-1901
24 hour hotline

The Network/LaRed
617-742-4911
Hotline for lesbians, bisexual women, and the transgender community

GOVERNMENT RESOURCES

Equal Employment Opportunity Commission
John F. Kennedy Federal Building
475 Government Center
Boston, MA 02203
Tel: 800-669-4000
http://www.eeoc.gov/

Department of Education, Office of Civil Rights
Enforcement Office
Office for Civil Rights/Boston
US Department of Education, 8th Floor
5 Post Office Square
Boston, MA 02109
Tel: 617-289-0111

http://www2.ed.gov/about/offices/list/ocr/index.html

See Dear Colleague letter at: www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.html

U.S. Department of Justice
Office on Violence Against Women
145 N Street, NE, Suite 10W.121
Washington, D.C. 20530
202-307-6026

Massachusetts Commission Against Discrimination
1 Ashburton Place, 6th Floor, Room 601
Boston, MA 02108
Tel: 617-994-6000
http://www.mass.gov/mcad/

Massachusetts Office for Victim Assistance
One Ashburton Place, Suite 1101
Boston, MA 02108
Tel: 617-727-5200
http://www.mass.gov/mova/

Third District Court Victim Assistance
4040 Mystic Valley Parkway
Medford, MA 02155
Tel: 781-306-2710

Excerpts from Laws Relevant to Misconduct

 

Federal Laws

                                

Title VI of the Civil Rights Act of 1964, 42 U.S.C §§ 2000d - 2000d-7

                               

No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

 

Office of Civil Rights (OCR) Investigative Guidance on “Racial Incidents and Misconduct Against Students at Educational Institutions,” 59 Fed. Reg. 11448 (March 10, 1994)

                               

OCR will investigate whenever a compliance review, report, complaint, or any other information indicates a possible failure to comply with Title VI and the Department of Education’s implementing regulations. The Department has interpreted Title VI as prohibiting racial misconduct.

 

The existence of racial incidents and misconduct on the basis of race, color, or national origin against students is disturbing and of major concern to the Department. Racial misconduct denies students the right to an education free of discrimination.

 

Under Title VI and its implementing regulations, no individual may be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination on the ground of race, color or national origin under any program or activity that receives Federal funds. Racially based conduct that has such an effect and that consists of different treatment of students on the basis of race by recipients’ agents or employees, acting within the scope of their official duties, violates Title VI. In addition, the existence of a racially hostile environment that is created, encouraged, accepted, tolerated or left uncorrected by a recipient also constitutes different treatment on the basis of race in violation of Title VI.

 

Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e - 2000e-17

                               

It shall be an unlawful employment practice for an employer:

 

1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or

 

2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.

                                

Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.

                               

It shall be an unlawful employment practice for an employer:

 

1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age; or

 

2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's age.

 

Americans with Disabilities Act, 42 U.S.C. §§12101-12213

                                

No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to … the hiring, advancement, or discharge of employees . . . and other terms, conditions and privileges of employment.

 

Definition of “Sexual Misconduct” from EEOC Guidelines on Sexual Misconduct, 29 C.F.R. § 1604.11

                               

Misconduct on the basis of sex is a violation of Title VII. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual misconduct when:

 

1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

 

2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

 

3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

 

 

 

 

 

Title IX of the Education Amendments of 1972 to the Civil Rights Act of 1964, 20 U.S.C. §§ 1681 - 1688

                                 

Title IX protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Subject to certain exceptions, Title IX states:

 

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

 

 Massachusetts State Laws

                               

Discrimination under the Massachusetts Fair Employment Practices Act, G.L. c. 151B, § 4

                               

In Massachusetts it is unlawful for an employer, by himself or his agent, because of the race, color, religious creed, national origin, sex, gender identity, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, genetic information, or ancestry of any individual to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment, unless based upon a bona fide occupational qualification.

 

In addition, it is unlawful for an employer to impose upon an individual as a condition of obtaining or retaining employment any terms or conditions, compliance with which would require such individual to violate, or forego the practice of, his creed or religion as required by that creed or religion including but not limited to the observance of any particular day or days or any portion thereof as a sabbath or holy day and the employer shall make reasonable accommodation to the religious needs of such individual.

 

Sexual Misconduct under the Massachusetts Fair Employment Practices Act, G.L. c. 151B, §§ 1, 3A, 4

                                

Under Massachusetts law, all employers, employment agencies, and labor organizations shall promote a workplace free of sexual misconduct.

 

It is unlawful for an employer, personally or through its agents, to sexually harass any employee.

 

“Sexual misconduct” means sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

 

a) submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions;

 

b) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment. Discrimination on the basis of sex shall include, but not be limited to, sexual misconduct.

 

Massachusetts Fair Educational Practices Act, G.L. c. 151C, § 2

                                 

It is an unfair educational practice for an educational institution to sexually harass students in any program or course of study in any educational institution.

                                

Massachusetts Equal Rights Act, G.L. c. 93, § 102

                                

All persons within Massachusetts, regardless of sex, race, color, creed or national origin, shall have, except as is otherwise provided or permitted by law, the same rights enjoyed by white male citizens, to make and enforce contracts, to inherit, purchase, to lease, sell, hold and convey real and personal property, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.

 

Massachusetts Anti-Stalking Act, G.L. c. 265, § 43

                                

Under the Massachusetts Anti-Stalking Act, any person who:

 

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.

 

Section 43(b) of the Act imposes mandatory minimum sentences for any person who commits the crime of stalking in violation of a restraining order; vacate order, no-contact order, or injunction. Section 43(c) of the statute imposes mandatory minimum sentences for any person who commits a second or subsequent offense after having already been convicted of the crime of stalking.

 

Massachusetts Hate Crimes Reporting Act, G.L. c. 22C, § 32

                                

A “hate crime” is a criminal act under the laws of Massachusetts in which bigotry and bias was a motivating factor. Hate crimes are defined as criminal acts coupled with overt actions motivated by bigotry and bias directed at a victim due to that victim’s race, religion, ethnicity, handicap, gender, or sexual orientation.

 2016-10-07


IF YOU HAVE TO ASK WHAT JAZZ IS, YOU'LL NEVER KNOW. LOUIS ARMSTRONG