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8. "Member of the University Community" includes any person who is a student, instructor, or
University employee; any person who works directly or indirectly (e.g., a vendor), resides, or
receives University services on University premises or in connection with its programs or activities;
and may include visitors to University premises. A person's status in a particular situation shall be
determined by the Office of the Dean of Students or their designee.
9. "The Office of the Dean of Students" refers to the professionals in Student Affairs, designated by
the Vice Chancellor, to be responsible for the overall coordination of the University student conduct
system, including the development of policies, procedures, and education and training programs.
The members of the Dean of Students Office may serve as Conduct Officers, Administrative
Review Officers, and/or an appellate body.
10. "Official Form of Communication" A student's University email address serves as the official
form of communication with the University and students.
11. "Policy" is defined as any written policy, procedure, standard, regulation, rule or expectation
adopted by the University, as the same may be amended, modified or replaced from time to time.
12. "Preponderance of the Evidence" The standard of proof used to determine the outcome of a
complaint is a preponderance of the evidence, which means that it is more likely than not based on
the evidence gathered and reasonable inferences from the evidence, that a policy or the Code was
violated
13. "Rape" is any penetration of any orifice, no matter how slight, by any object, including any body
part without consent. Rape may be committed by force, threat, intimidation, coercion, or through
exploitation of another's mental or physical condition (such as incapacitation) of which the
Respondent knew or reasonably should have known.
14. "Respondent" means a student who, or Student Organization which, may be charged for violating
the Code or policy.
15. "Responsible Employee" is an employee (a) who, because of his/her position, must report known
or possible incidents of sexual violence or any other sexual misconduct by students or employees,
including the known details of the incident and the name(s) of alleged victim(s) and Respondent(s),
to the Title IX Coordinator(s) or other appropriate school designee; or (b) who has the authority to
take action to redress sexual harassment/misconduct; or (c) whom a student reasonably believes
has this authority or duty.
16. "Retaliation" is the interference through intimidation, including threats, coercion, or unlawful
discrimination, with an individual's right or privilege secured under the law (Title IX of the Education
Amendments of 1972, Title VII of the Civil Rights Act of 1964, the Violence Against Women Act of
1994, the Massachusetts Anti- Discrimination laws, or other laws) or interfering with an individual's
right to make a complaint, testify, assist, or participate in any manner in an investigation,
proceeding or hearing, or to intervene to prevent a violation of this policy.
17. "Sanction" means a requirement a student or Student Organization must abide by or complete
when found responsible for violating the Code.
18. "Sexual Assault" is any sexual activity that is forced, coerced, or unwanted.
19. "Sexual Exploitation" is taking sexual advantage of another person without his or her consent.
Sexual exploitation includes, without limitation: causing or attempting to cause the incapacitation of
another person in order to gain a sexual advantage over such other person; causing the prostitution
of another person; recording, photographing, or transmitting identifiable images of private sexual
activity and/or the intimate parts of another person; allowing third parties to observe private sexual
acts; and engaging in voyeurism.
20. "Sexual Misconduct (Sexual harassment)"
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is unwelcome verbal, non-verbal, and/or physical
conduct of a sexual nature when:
1. submission to such conduct is made either explicitly or implicitly a term or condition of an
individual's employment or education; and/or
2. submission to, or rejection of, such conduct by an individual is used as a basis for
academic or employment decisions affecting that individual; and/or